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DURACO PRODUCTS v. JOY PLASTIC ENTERPRISES

Civ. A. No. 92-270E.

822 F.Supp. 1202 (1993)

DURACO PRODUCTS, INC., Plaintiff, v. JOY PLASTIC ENTERPRISES LTD., d/b/a Backyard Products, and Travis Products, Inc., Defendants.

United States District Court, W.D. Pennsylvania.

May 25, 1993.

Attorney(s) appearing for the Case

Harry D. Martin, Craig A. Markham, Elderkin, Martin, Kelly & Messina, Erie, PA, for defendant Joy Plastic Enterprises Ltd.

W. Patrick Delaney, Marsh, Spaeder, Baur, Spaeder & Schaaf, Erie, PA, for defendant Travis Products, Inc.

OPINION

COHILL, District Judge.

This is an action for trade dress infringement and false advertising under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) ("the Act") brought by plaintiff Duraco Products, Inc. ("Duraco") against defendants Joy Plastic Enterprises Ltd. ("Joy"), d/b/a Backyard Products ("Backyard") and Travis Products, Inc. ("Travis"). We have jurisdiction pursuant to 28 U.S.C. § 1338.

Presently before the Court is Duraco...

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