Legal Opinion
Fun-Damental Too, Ltd. v. Gemmy Industries Corp. Kay-Bee Toy & Hobby Shops, Incorporated
Court of Appeals for the Second Circuit
Decided April 4, 1997No. 490, Docket 96-7489PublishedCited by 181 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
This is an appeal in a trade dress infringement case. For the purpose of legal analysis, trade dress is generally broken down into two categories: product configuration, which relates to the design of a product distinct from the package in which it is sold, and product packaging. Among the several issues we have to resolve is whether it is appropriate — when evaluating the inherent distinctiveness of the packaging — to consider also the product itself, which is quite visible in an open-style box. Another difficult issue is the significance — when considering the…
2Cases cited29 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
- Jackson Dairy, Inc. v. H. P. Hood & Sons, Inc.Court of Appeals for the Second Circuit · 1979
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Steele v. Bulova Watch Co.Supreme Court of the United States · 1952
24 more not listed; retrieve them via the Exa API.
3Cited by181 opinions
- Amnesty America v. Town of West HartfordCourt of Appeals for the Second Circuit · 2004
- Landscape Forms, Inc. v. Columbia Cascade CompanyCourt of Appeals for the Second Circuit · 1997
- I.P. Lund Trading ApS v. Kohler Co.Court of Appeals for the First Circuit · 1998
- Emi Catalogue Partnership and Emi Robbins Catalog Inc. v. Hill, Holliday, Connors, Cosmopulos Inc. And Spalding Sports WorldwideCourt of Appeals for the Second Circuit · 2000
- The Yankee Candle Company, Inc. v. The Bridgewater Candle Company, LLCCourt of Appeals for the First Circuit · 2001
176 more not listed; retrieve them via the Exa API.