Legal Opinion

Great American Audio Corporation, Plaintiff-Appellant-Cross-Appellee v. Metacom, Inc., Defendant-Appellee-Cross-Appellant

Court of Appeals for the Second Circuit

Decided June 28, 1991No. 1801, 1868, Dockets 91-7446, 91-7516PublishedCited by 22 opinions

1Per curiam

Plaintiff Great American Audio Corporation (“GAAC”) appeals from a May 7, 1991 decision of the United States District Court for the Southern District of New York, Thomas P. Griesa, Judge, denying its request for an injunction against defendant Metacom, Inc. (“Metacom”), under the Lan-ham Act, 15 U.S.C. § 1125(a) (1988), in connection with the marketing by each party of a toy bus containing audio cassettes. Metacom cross-appeals, seeking to challenge findings of the district court that the trade dress used by GAAC had secondary meaning and that the trade dress used by Metacom was confusingly…

2Cases cited10 opinions

  1. Curtiss-Wright Corp. v. General Electric Co.Supreme Court of the United States · 1980
  2. Doran v. Salem Inn, Inc.Supreme Court of the United States · 1975
  3. Deposit Guaranty National Bank v. RoperSupreme Court of the United States · 1980
  4. Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
  5. Bankers Trust Co. v. MallisSupreme Court of the United States · 1978

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3Cited by22 opinions

  1. Rohm & Hass Texas, Inc. v. Ortiz Brothers Insulation, Inc.Court of Appeals for the Fifth Circuit · 1994
  2. Davis v. RodriguezCourt of Appeals for the Second Circuit · 2004
  3. Davis v. RodriguezCourt of Appeals for the Second Circuit · 2004
  4. Esso Expl. and Prod. Nigeria Ltd. v. Nigerian Nat'l Petroleum Corp.Court of Appeals for the Second Circuit · 2022
  5. Allstate Insurance Co. v. A.A. McNamara & Sons, Inc., and Arthur McNamaraCourt of Appeals for the Second Circuit · 1993

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