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HANG TEN INTERNATIONAL v. SHERRY MANUFACTURING COMPANY, INC.

No. 74-1476 Summary Calendar.

498 F.2d 326 (1974)

HANG TEN INTERNATIONAL (Substituted for Doris Moore of California, Inc.), Plaintiff-Appellant, v. SHERRY MANUFACTURING COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 31, 1974.

Attorney(s) appearing for the Case

John Cyril Malloy, Miami, Fla., Andrew J. Belansky, Richard D. Seibel, Pasadena, Cal., Richard W. Bussoff, New Orleans, La., for plaintiff-appellant.

M. A. Baskin, Miami, Fla., Leon Epstein, Miami Beach, Fla., James L. Guilmartin, Miami, Fla., for defendant-appellee.

Before COLEMAN, DYER and RONEY, Circuit Judges.

PER CURIAM:

In March, 1971, Doris Moore of California, Inc., appellant's predecessor in interest, filed a trademark infringement complaint against Sherry Manufacturing Company, Inc. The issue was settled by consent decree wherein appellee was enjoined from using appellant's trademark, a pair of bare footprints side-by-side, with the right print positioned slightly ahead of the left. The mark is not restricted in size or color, although it primarily appears on the...

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