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KIKI UNDIES CORPORATION v. ALEXANDER'S DEPT STORES, INC.

No. 203, Docket 31373.

390 F.2d 604 (1968)

KIKI UNDIES CORPORATION, Plaintiff-Appellant, v. ALEXANDER'S DEPARTMENT STORES, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 2, 1968.

Attorney(s) appearing for the Case

John P. Chandler, New York City, for plaintiff-appellant.

Lester S. Bardack, New York City (Javits Trubin Sillcocks Edelman & Purcell, New York City), for defendant-appellee.

Before MOORE, SMITH and HAYS, Circuit Judges.

MOORE, Circuit Judge:

Plaintiff, Kiki Undies Corporation (Kiki), appeals from an order granting defendant's, Alexander's Department Stores, Inc. (Alexander's), motion for summary judgment in its favor and dismissing plaintiff's complaint and action.

In its complaint, plaintiff alleged that it manufactures and sells ladies' intimate apparel, including undergarments and panties; that it is the owner of the registered trademarks "Kiki," "Kiki Magic," "Kiki Control...

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