ANVIL BRAND, INC. v. CONSOLIDATED FOODS CORP.

No. 76 CIV 4419 (LBS).

464 F.Supp. 474 (1978)

ANVIL BRAND, INCORPORATED, Plaintiff, v. CONSOLIDATED FOODS CORPORATION and Gant Incorporated, Defendants.

United States District Court, S. D. New York.

December 8, 1978.


Attorney(s) appearing for the Case

Rubin, Baum, Levin, Constant & Friedman, New York City, for plaintiff; Abraham G. Levin and Brian L. Bilzin, New York City, of counsel.

Watson, Leavenworth, Kelton & Taggart, New York City, for defendants; Leslie D. Taggart, New York City, of counsel.


OPINION

SAND, District Judge.

This trademark infringement case finds two large corporations complaining primarily of the other's use of the mark RUGGER or RUGGERS (hereinafter collectively "RUGGER") on knit sport shirts. Plaintiff, Anvil Brand, Incorporated ("Anvil"), a Delaware corporation, is doubtless better known by the name it used prior to September 23, 1977, the BVD Company, Inc. Anvil is part of a conglomerate known as the Rapid American Corporation...

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