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GTFM, INC. v. SOLID CLOTHING, INC.

No. 01 Civ. 2629(DLC).

215 F.Supp.2d 273 (2002)

GTFM, INC. and GTFM, LLC, Plaintiffs, v. SOLID CLOTHING INC., d/b/a ZAM, Defendant.

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

July 11, 2002.

Attorney(s) appearing for the Case

Louis S. Ederer, John Maltby, Joseph P. Tucker, Gursky & Ederer, LLP, New York City, for Plaintiffs.

Mark L. Sutton, John Park, Benjamin Jesudasson, Los Angeles, CA, for Defendant.

OPINION AND ORDER

COTE, District Judge.

At this non-jury trial, the plaintiffs assert that their two digit number — "05" — functions as a trademark when placed on clothing, principally athletic jerseys, sold to young men. Plaintiffs GTFM, Inc. and GTFM, LLC (collectively, "GTFM") are the owner and master licensee, respectively, of the federally registered trademarks "FUBU," "FUBU 05" and "05" for International Class 25 (Clothing). GTFM...

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