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MULBERRY THAI SILKS, INC. v. K & K NECKWEAR, INC.

No. 94 Civ. 7401 (LAK).

897 F.Supp. 789 (1995)

MULBERRY THAI SILKS, INC., Plaintiff, v. K & K NECKWEAR, INC., Defendant.

United States District Court, S.D. New York.

Opinion Granting Reconsideration but Adhering to Original Disposition October 10, 1995.

Attorney(s) appearing for the Case

Virginia R. Richard, Maribel Figuerdo, Kane, Dalsimer, Sullivan, Kurucz, Levy, Eisele and Richard, New York City, Suzanne Siebert, Majestic, Parsons, Siebert & Hsue, San Francisco, CA, for plaintiff.

Norman S. Beier, Abelman, Frayne & Schwab, New York City, Julius Herling, White Plains, NY, for defendant.

OPINION

KAPLAN, District Judge.

This action is the result of defendant's decision to produce "knock offs" of neckties designed and manufactured by the plaintiff. Although the economic stakes appear limited, the case presents an interesting question concerning the interface between the law of copyright and of trade dress and unfair competition. This is the Court's decision following a bench trial of the liability issues on a stipulated record.

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