25 F. Supp. 2d 198, 48 U.S.P.Q.2d 1948 (S.D.N.Y. 1998)
We obtained summary judgment dismissing claims by Henri Bendel that green and white striped cosmetic bags that were otherwise essentially copies of Henri Bendel’s signature brown and white striped cosmetic bags infringed plaintiff’s trade dress in those bags. The Court adopted defendants’ argument that, except for plaintiff’s brown and white color scheme, the bag designs were non-distinctive and/or functional.