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  5. 940 F.Supp. 663 (1996)
 

LANDSCAPE FORMS, INC. v. COLUMBIA CASCADE CO.

No. 94 Civ. 8122 (JES).

940 F.Supp. 663 (1996)

LANDSCAPE FORMS, INC., Plaintiff, v. COLUMBIA CASCADE COMPANY, Defendant.

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

October 16, 1996.

Attorney(s) appearing for the Case

Heslin & Rothenberg, P.C., Albany, New York, for Plaintiff (Susan E. Farley and Nicholas Mesiti, of counsel).

Ahmuty, Demers & McManus, Albertson, New York (Frederick B. Simpson and Janice Berkowitz, of counsel) and Siller, Wilk & Mencher, New York City (Allen G. Reiter, of counsel), for Defendant.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

The instant action comes before the Court on remand and vacatur of a preliminary injunction for the Court to consider whether the design of Landscape Forms, Inc.'s ("Landscape") Petoskey furniture is functional and therefore not protectable trade dress. For the reasons that follow, Landscape's furniture design is not functional, and the Court's earlier preliminary injunction is reinstated.

BACKGROUND...

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