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20TH CENTURY WEAR, INC. v. SANMARK-STARDUST INC.

Nos. 1328, 1389, Dockets 84-7108, 84-7112.

747 F.2d 81 (1984)

20TH CENTURY WEAR, INC., Appellee-Cross-Appellant, v. SANMARK-STARDUST INC. and Domino Industries, Inc., Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 18, 1984.

Attorney(s) appearing for the Case

Howard C. Miskin, New York City (Howard F. Mandelbaum, Colvin, Miskin, Basseches & Mandelbaum, New York City, of counsel), for appellants-cross-appellees.

Stephen M. Rathkopf, New York City (Rodney A. Brown, Leonard Benowich, Golenbock & Barell, New York City, of counsel), for appellee-cross-appellant.

Before OAKES, NEWMAN and WINTER, Circuit Judges.

OAKES, Circuit Judge:

This appeal involves a registered trademark — "Cozy Warm ENERGY-SAVERS" — in connection with the sale of flannel pajamas and nightgowns. The United States District Court for the Southern District of New York, Robert L. Carter, Judge, found "Cozy Warm ENERGY-SAVERS" to be a "suggestive" term entitled to trademark protection; and it subsequently found defendant liable for trademark infringement under section 32(1) of the Lanham...

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