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MAHARISHI HARDY BLECHMAN v. ABERCROMBIE & FITCH CO.

No. 03 Civ.1028 VM.

292 F.Supp.2d 535 (2003)

MAHARISHI HARDY BLECHMAN LTD., a U.K. Company, Plaintiff, v. ABERCROMBIE & FITCH COMPANY, a Delaware corporation, and Abercrombie & Fitch, Stores, Inc., an Ohio corporation, Defendant.

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

December 8, 2003.

Attorney(s) appearing for the Case

Philippe Bennett, Coudert Brothers, L.L.P., New York, NY, for Maharashi Hardy Blechman Ltd.

Frank J. Colucci, Colucci & Umans, New York, NY, for Abercrombie & Fitch Co., Abercrombie & Fitch Stores, Inc.

DECISION AND ORDER

MARRERO, District Judge.

The principal issue raised by the motion for summary judgment now before the Court is whether plaintiff, a high-end fashion designer, may recover under a theory of trade dress infringement where defendants allegedly have borrowed heavily from plaintiff's innovative line of pants. On that issue, the Court concludes that plaintiff's line of pants does not have a consistent overall look and is therefore unprotectable...

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