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INTERN. STAR CLASS YACHT RACING v. TOMMY HILFIGER

Docket Nos. 97-7761, 97-7799.

146 F.3d 66 (1998)

INTERNATIONAL STAR CLASS YACHT RACING ASSOCIATION, Plaintiff-Appellant-Cross-Appellee, v. TOMMY HILFIGER U.S.A., INC., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 29, 1998.

Attorney(s) appearing for the Case

J. Joseph Bainton, New York City (Thomas D. Drescher, John G. McCarthy, Ross & Hardies, of counsel), for Plaintiff-Appellant-Cross-Appellee.

Louis S. Ederer, New York City (Joseph H. Lessem, Cowan, Liebowitz & Latman, P.C.; Steven Gursky, Robert Devlin, Gursky & Associates, of counsel), for Defendant-Appellee-Cross-Appellant.

Before OAKES, NEWMAN and CABRANES, Circuit Judges.

OAKES, Senior Circuit Judge:

The International Star Class Yacht Racing Association ("ISCYRA") appeals from the decision of the United States District Court for the Southern District of New York, Robert P. Patterson, Jr., Judge, denying ISCYRA monetary relief and attorney fees for the infringing use of ISCYRA's mark "Star Class" by Tommy Hilfiger U.S.A., Inc. ("Hilfiger"). The district court held that ISCYRA had failed to demonstrate that Hilfiger used the mark...

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