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HART SCHAFFNER & MARX v. ALEXANDER'S DEPT. STORES, INC.

No. 295, Docket 29214.

341 F.2d 101 (1965)

HART SCHAFFNER & MARX, Plaintiff-Appellant, v. ALEXANDER'S DEPARTMENT STORES, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 25, 1965.

Attorney(s) appearing for the Case

W. Thomas Hofstetter, of Woodson, Pattishall & Garner, Chicago, Ill. (John H. Andrew, Chicago, Ill.; Gilbert H. Weil, Alfred T. Lee, New York City, on the brief), for plaintiff-appellant.

John P. McGrath, of Reavis & McGrath, New York City (James P. Durante, Denis B. Sullivan, New York City, on the brief), for defendant-appellee.

Before SMITH, KAUFMAN and ANDERSON, Circuit Judges.

PER CURIAM.

Hart Schaffner & Marx ("HSM") appeals from an order denying its motion to adjudge Alexander's Department Stores, Inc., in civil contempt for violation of a consent decree. The decree, entered in settlement of a suit brought by HSM for trademark infringement, dilution and unfair competition, permanently enjoined Alexander's from using any "colorable imitation" of their HSM's or its own "representation of a medieval horse and rider in connection with...

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