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.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 176,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.