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LeSPORTSAC, INC. v. K MART CORP.

Nos. 524, 525, Dockets 84-7632, 84-7790.

754 F.2d 71 (1985)

LeSPORTSAC, INC., Plaintiff-Appellee, v. K MART CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 24, 1985.

Attorney(s) appearing for the Case

Steven H. Bazerman, New York City (Kuhn, Muller & Bazerman, Julius Rabinowitz, New York City, of counsel), for plaintiff-appellee.

Marvin A. Tenenbaum, Chicago, Ill. (Alexander, Unikel, Bloom, Zalewa & Tenenbaum, Ltd., Richard E. Alexander, James D. Zalewa, Chicago, Ill., Martin W. Schiffmiller, Kirschstein, Kirschstein, Ottinger & Israel, P.C., New York City, of counsel), for defendant-appellant.

Before FEINBERG, Chief Judge, KAUFMAN and ROSENN, Circuit Judges.

FEINBERG, Chief Judge:

K mart Corporation appeals from two orders of the United States District Court for the Eastern District of New York, Joseph M. McLaughlin, J., granting motions of plaintiff LeSportsac, Inc., for a preliminary injunction. The orders enjoin K mart from marketing certain bags, which the court found to contain a combination of mark and dress confusingly similar to that used by plaintiff. For reasons stated below, we affirm.

I.

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