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ABERCROMBIE & FITCH CO. v. HUNTING WORLD, INC.

No. 493, Docket 71-1806.

461 F.2d 1040 (1972)

ABERCROMBIE & FITCH COMPANY, Plaintiff-Appellant, v. HUNTING WORLD, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 26, 1972.

Attorney(s) appearing for the Case

Roy C. Hopgood, New York City (Sandoe, Hopgood & Calimafde, Paul H. Blaustein, New York City, and Richard H. G. Cunningham, Stamford, Conn., on the brief), for plaintiff-appellant.

Richard H. Wels, New York City (Sulzberger, Wels & Marcus, New York City, on the brief), for defendant-appellee.

Before FEINBERG and TIMBERS, Circuit Judges, and THOMSEN, District Judge.

THOMSEN, District Judge:

Abercrombie & Fitch Co. (plaintiff) sued Hunting World, Inc. (defendant) in the district court, seeking an injunction against defendant's uses of the word "Safari", which plaintiff had registered as a trademark for various classes of goods.1 Defendant moved for summary judgment under Rule 56(b), F.R.Civ.P., on the ground that it had not infringed plaintiff's trademark...

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