NATURAL FOOTWEAR LTD. v. SCHAFFNER

Civ. No. 79-2966.

579 F.Supp. 543 (1983)

NATURAL FOOTWEAR LIMITED, Plaintiff, v. Hart SCHAFFNER & Marx and Roots, Inc., Defendants, and ROOTS, INC., Counterclaimant, v. Don GREEN, Michael Budman, and Natural Footwear Limited, Counterclaim Defendants.

United States District Court, D. New Jersey.

December 8, 1983.


Attorney(s) appearing for the Case

Crummy, Del Deo, Dolan & Purcell by John T. Dolan, Arnold B. Calmann, and Brian J. McMahon, Newark, N.J., for plaintiff and counterclaim defendants; Baker & McKenzie by Horst Werder and Leslie Bertagnolli, Chicago, Ill., of counsel.

Stryker, Tams & Dill by William J. Heller, Newark, N.J., for defendants and counterclaimant; Pattishall, McAuliffe & Hofstetter by Thomas Hofstetter and Patricia Smart, Chicago, Ill., of counsel.


OPINION

BIUNNO, Senior District Judge.

This lawsuit involves the respective rights of Natural Footwear, Ltd., a Canadian corporation and Don Green and Michael Budman (collectively, "Natural") on the one hand, and Hart, Schaffner & Marx and Roots, Inc., (collectively, "Roots") to the use of the tradename and mark "Roots" in respect to the business of selling shoes, and other articles of apparel and as applied to the goods themselves.

Roots began...

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