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MANHATTAN INDUSTRIES, INC. v. SWEATER BEE BY BANFF

Nos. 1361, 1375, Dockets 80-7345, 80-7379.

627 F.2d 628 (1980)

MANHATTAN INDUSTRIES, INC., Bayard Shirt Corporation, and Don Sophisticates, Inc., Plaintiffs-Appellees, v. SWEATER BEE BY BANFF, LTD., and Robert Belsky, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 17, 1980.

Attorney(s) appearing for the Case

Paul Fields, New York City (McAulay, Fields, Fisher, Goldstein & Nissen, New York City, of counsel), for plaintiffs-appellees.

Dennis Grossman, New York City (Neil S. Kramer, P. C., New York City, of counsel and Eileen King, Legal Asst., on the brief), for defendants-appellants.

Before LUMBARD and MANSFIELD, Circuit Judges, and MEHRTENS, District Judge.

LUMBARD, Circuit Judge:

Sweater Bee by Banff, Ltd. and Robert Belsky (collectively "Sweater Bee") appeal from a judgment entered on April 11, 1980, in the Southern District of New York, Broderick, J., permanently enjoining it from further use of the trademark "Kimberly" on the women's apparel it manufactures and markets. Sweater Bee argues that the district court erred in finding that the appellees—Manhattan Industries, Inc., Bayard Shirt Corporation...

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