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EDISON BROS. STORES, INC. v. COSMAIR, INC.

No. 86 Civ. 3871 (LLS).

651 F.Supp. 1547 (1987)

EDISON BROTHERS STORES, INC., a Delaware Corporation, Plaintiff, v. COSMAIR, INC., a Delaware Corporation, Defendant.

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

January 7, 1987.

Attorney(s) appearing for the Case

Niro, Scavone, Haller & Niro, Ltd., Chicago, Ill. (Thomas G. Scavone, Kathleen A. Lyons, of counsel), Parker, Auspitz, Neeseman & Delehanty, P.C., New York City (Mark P. Ladner, of counsel), for plaintiff.

Brumbaugh, Graves, Donohue & Raymond, New York City (Russell H. Falconer, Doreen J. Leavens, Brendan J. O'Rourke, of counsel), for defendant.

STANTON, District Judge.

In this trademark infringement action, plaintiff Edison Brothers Stores, Inc. ("Edison"), owner of the trademark NOTORIOUS for use on women's clothing and shoes, sues to enjoin defendant Cosmair, Inc., ("Cosmair") from using the mark NOTORIOUS on perfume products. Upon the testimony during three days of trial, the trial exhibits, and the demeanor of the witnesses, I find that while Edison owns valid trademark rights in NOTORIOUS for women...

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