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KIKI UNDIES CORP. v. PROMENADE HOSIERY MILLS, INC.

Nos. 543, 544, Dockets 32659, 32664.

411 F.2d 1097 (1969)

KIKI UNDIES CORP., Plaintiff, Appellant and Cross-Appellee, v. PROMENADE HOSIERY MILLS, INC., Defendant, Appellee and Cross-Appellant.

United States Court of Appeals Second Circuit.

Decided May 29, 1969.

Attorney(s) appearing for the Case

Charles R. Brainard, New York City (John A. Fogarty, Jr., W. Cullen MacDonald, and Kenyon & Kenyon, New York City, on the brief), for plaintiff, appellant and cross-appellee.

I. Walton Bader, New York City (Bader & Bader, New York City, on the brief), for defendant, appellee and cross-appellant.

Before LUMBARD, Chief Judge, ANDERSON, Circuit Judge and WYATT, District Judge.

ANDERSON, Circuit Judge:

This action was brought on March 15, 1966, by Kiki Undies Corp. against Promenade Hosiery Mills, Inc. for trade-mark infringement under the Lanham Act, 15 U.S.C. § 1051 et seq., and unfair competition. On March 23, 1966, the plaintiff moved for summary judgment or, in the alternative, for a preliminary injunction, and on November 22, 1966, the district court entered an order denying the motions.1

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