POLYMER TECHNOLOGY CORP. v. MIMRAN

No. 1375, Docket 92-7177.

975 F.2d 58 (1992)

POLYMER TECHNOLOGY CORPORATION, Plaintiff-Appellant, v. Emile MIMRAN, also known as Alan Franco, U.D.S. Export & Import, also known as User Designed Software, Optic Express, Inc., National Contact Lens Co., International Contact Lens Lab, Cosmetics Plus, Price Wise, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 11, 1992.

As Amended November 25, 1992.


Attorney(s) appearing for the Case

G. Roxanne Elings, New York City (Harley I. Lewin, William M. Ried, Lewin & Laytin, of counsel), for plaintiff-appellant.

Philip E. Roux, New York City (Milton S. Gould, Jonathan A. Kenter, Shea & Gould, of counsel), for defendants-appellees.

Before: KEARSE and MAHONEY, Circuit Judges, and RESTANI, Judge.


RESTANI, Judge:

This action involves claims for trademark infringement, trademark counterfeiting, false designation of origin, fraud and unfair competition under the Trademark Act of 1946, 15 U.S.C. §§ 1051-1127 (1988) ("Lanham Act") and New York state law. The district court denied plaintiff's motion for a preliminary injunction, and indicated its intent to award defendants damages from the injunction bond. We reverse and remand for further findings.

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