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QUAKER STATE OIL REFINING CORP. v. KOOLTONE, INC.

No. 628, Docket 80-7797.

649 F.2d 94 (1981)

QUAKER STATE OIL REFINING CORPORATION, Plaintiff-Appellee, v. KOOLTONE, INC., Therm-X Industries Inc., and Therm-X Chemical and Oil Corp., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 10, 1981.

Opinion May 11, 1981.

Attorney(s) appearing for the Case

Robert G. Del Gadio, Garden City, N. Y., for defendants-appellants.

Harold Haidt, New York City (Brooks, Haidt, Haffner & Delahunty, New York City, Charles G. Mueller, Edward G. Fenwick, Jr., B. Parker Livingston, Jr., Mason, Fenwick & Lawrence, Washington, D. C., Gerald W. Callahan, Oil City, Pa., of counsel), for plaintiff-appellee.

Before FEINBERG, Chief Judge, Van GRAAFEILAND, Circuit Judge and MALETZ, Judge, United States Court of International Trade.

PER CURIAM:

Kooltone, Inc., Therm-X Industries, Inc., and Therm-X Chemical and Oil Corp. appeal from a judgment of the United States District Court for the Eastern District of New York after a jury trial before George C. Pratt, J. Quaker State Oil Refining Corporation sued appellants for, inter alia, trademark infringement, unfair competition by means of simulation of trade dress, false description of the nature and quality of their merchandise, and dilution of trademark...

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