CERRUTI, INC. v. McCRORY CORPORATION

No. 371, Docket 35366.

438 F.2d 281 (1971)

CERRUTI, INC., Plaintiff-Appellant, v. McCRORY CORPORATION, Lanificio F.LLI Cerruti S.A.S. and Antonio Cerruti, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 8, 1971.


Attorney(s) appearing for the Case

Robert R. Keegan, New York City (Egon E. Berg, Darby & Darby, New York City, of counsel), for plaintiff-appellant.

Gerald W. Griffen, New York City (R. Bradlee Boal, Cooper, Dunham, Henninger & Clark, New York City, of counsel), for defendants-appellees.

Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.


FRIENDLY, Circuit Judge:

Cerruti Incorporated brought this action for trademark and trade name infringement and unfair competition in the District Court for the Southern District of New York. The complaint named as defendant McCrory Corporation, whose Best & Co. Division had recently opened a "Cerruti 1881" boutique in the men's department of its Fifth Avenue store in New York City, just a few blocks away from Cerruti Incorporated's retail store on East 54th Street...

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