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Wallace International Silversmiths, Inc. v. Godinger Silver Art Co., Inc.

United States Court of Appeals for the Second Circuit
916 F.2d 76 (1990)


Wallace International Silversmiths, Inc. (Wallace) (plaintiff) had been a best seller of products in the “GRANDE BAROQUE” pattern since 1941. Although Wallace had registered the “GRANDE BAROQUE” trademark for sterling silver flatware and hollowware, the design itself was not patented. In 1989, Wallace applied to register the “GRANDE BAROQUE” pattern, but it was still pending at the time of this matter. Godinger Silver Art Co., Inc. (Godinger) (defendant) produced silver-plated products, including a line of baroque-style, silver-plated serving pieces under the name “20TH CENTURY BAROQUE,” and Godinger intended to show these pieces at an upcoming tradeshow. Godinger’s products utilized the same baroque elements in similar arrangements as Wallace’s products. Wallace, after viewing one of Godinger’s advertisements for “20TH CENTURY BAROQUE” serving pieces, sued Godinger for trademark infringement and requested a temporary restraining order and preliminary injunction to prevent Godinger’s use of the trademark and trade dress. The district court found that the “GRANDE BAROQUE” design was a functional style of silverware and not able to be registered. Wallace’s motion for a preliminary injunction was denied, and Wallace appealed this decision.

Rule of Law


Holding and Reasoning (Winter, J.)

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