Perfect Fit Industries v. Acme Quilting Co.
United States Court of Appeals for the Second Circuit
646 F.2d 800 (1981)
Relevant factsFree
Perfect Fit Industries (plaintiff) proved that Acme Quilting Company (defendant) intentionally copied Perfect Fit's trade dress for its mattress-cover packaging, and after the Second Circuit affirmed the underlying liability finding on a first appeal, the district court ordered Acme, as a remedy, to write to all customers from the past six months requesting the return of the infringing packaging insert, with Acme covering shipping costs. Acme appealed the recall order itself.
IssueFree
Whether a district court has discretion, in a trademark or trade-dress action, to order a recall of infringing product packaging.
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