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POLYMER TECHNOLOGY CORP. v. MIMRAN

No. 1979, Docket 94-7207.

37 F.3d 74 (1994)

POLYMER TECHNOLOGY CORPORATION (a New York Corporation), Plaintiff-Appellant, v. Emile MIMRAN, also known as Alan Franco; U.D.S. Export & Import, also known as User Designed Software; Optic Express, Incorporated; American Contact Lens Association; International Contact Lens Lab I; Marty Powers Sales, Incorporated; Worldwide Scents, Incorporated; Julio Moreno; Carlo Sanchez d/b/a Alpha Omega; and Various John Does, Jane Does and XYZ Companies, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 6, 1994.

Attorney(s) appearing for the Case

Morton M. Maneker, New York City (Proskauer Rose Goetz & Mendelsohn, New York City, of counsel), for plaintiff-appellant.

Fran M. Jacobs, New York City (Jonathan A. Kenter, Richards & O'Neill, New York City, of counsel), for defendants-appellees.

Before: VAN GRAAFEILAND, CARDAMONE, and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

This action for a preliminary injunction returns to us after a prior remand to the district court. See Polymer Technology Corp. v. Mimran, 975 F.2d 58 (2d Cir.1992) ("Polymer I"). In 1991, plaintiff-appellant Polymer Technology Corporation ("Polymer") commenced an action against defendant-appellee Emile Mimran and other defendants alleging various claims of trademark infringement and counterfeiting...

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