FAMOUS HORSE INC. v. 5TH AVE. PHOTO INC.

Docket No. 08-4523-cv.

624 F.3d 106 (2010)

FAMOUS HORSE INC., d/b/a/ V.I.M., Plaintiff-Appellant, v. 5TH AVENUE PHOTO INC., M & B Suit Warehouse Inc., ID-Dealz, Inc., Mike Bouskilla, Moshe Bouskilla, Defendants-Appellees, NJ French Kiss, Inc., Florentin Fashions, Inc., Defendants.

United States Court of Appeals, Second Circuit.

Decided: October 21, 2010.


Attorney(s) appearing for the Case

Clifford Y. Chen , Watkins, Bradley & Chen LLP, New York, NY ( Stephen E. Feldman , Feldman Law Group, P.C., New York, NY, on the brief), for Plaintiff-Appellant.

Jeffrey S. Dweck , The Law Firm of Jeffrey S. Dweck, P.C., New York, NY, for Defendants-Appellees.

Judge LIVINGSTON files a separate opinion concurring in part and dissenting in part.


GERARD E. LYNCH, Circuit Judge:

Appellant Famous Horse, Inc., operates a chain of clothing stores in the New York area called V.I.M. that sell name-brand jeans and sneakers for relatively low prices. Appellees offered to supply several clothing stores, including V.I.M., with Rocawear brand jeans at a discounted price. After purchasing jeans from Appellees in 2006, V.I.M. discovered that the jeans were counterfeit and stopped selling them. Appellees, however, allegedly...

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