Court of Appeals for the Second Circuit August 22, 1995, 846, Docket 94-7745 (Fabrication Enterprises, Inc. v. The Hygenic Corporation)

KAPLAN, District Judge.

The design of a product may serve at least two purposes. It may identify the source of the product, and it can serve a utilitarian purpose. The law of trade dress protects the public against confusion as to the source of a product where the confusion arises from similarity of packaging or design.