Omm Art Creations Ltd. v. Simcha International, Inc.

OPINION AND ORDER

SPATT, District Judge.

Contrary to the well-known adage that “imitation is the sincerest form of flattery,” in the instant case, imitation has resulted in a charge of trade dress infringement against the defendants. This case involves a rarely-visited area of the law— the interaction of the Lanham Act with the marketing and sale of limited editions and fine art posters based upon the work of an Israeli artist named Tarkay.

The plaintiffs are in the business of publishing and distributing such art works. In this action, they seek to enjoin, among other things, the manufacturing…