Industria Arredamenti Fratelli Saporiti v. Charles Craig, Ltd.

HAYNSWORTH, Senior Circuit Judge:

Claiming its rather distinctive design of a sofa as an unregistered trademark, an Italian furniture manufacturer sought injunc-tive relief prohibiting an American manufacturer from marketing sofas of a substantially similar design. The district court granted limited injunctive relief, and the American manufacturer has appealed.

Since we conclude that the design of the sofa was functional, we necessarily conclude that there was no violation of § 43(a) of the Lanham Act and that the award of any equitable relief was inappropriate'.

I

In 1971, plaintiff, Industria…