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JOHNSON CREATIVE ARTS v. WOOL MASTERS

No. 83-1927.

743 F.2d 947 (1984)

JOHNSON CREATIVE ARTS, INC., Plaintiff, Appellant, v. WOOL MASTERS, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 6, 1984.

Attorney(s) appearing for the Case

Robert M. Newbury, Chicago, Ill., with whom Maureen O. Hurley, Chicago, Ill., John M. Kahn, Boston, Mass., Pattishall, McAuliffe & Hofstetter, Chicago, Ill., and Hill & Barlow, Boston, Mass., were on brief, for plaintiff, appellant.

John J. Jones, Hightstown, N.J. with whom Stuart T. Rossman, and Gaston Snow & Ely Bartlett, Boston, Mass., were on brief, for defendants, appellees Wool Masters, Inc., Robert M. Keyes, and Cesar H. Guerrero.

Before BOWNES and ALDRICH, Circuit Judges, and HUNTER, Senior District Judge.

ELMO B. HUNTER, Senior District Judge.

Appellant brought suit to enjoin false representations in violation of the Trademark Laws of the United States, 15 U.S.C. § 1125(a), and for breach of contract and unfair competition. The complaint alleged that defendants Wool Masters, a New York Corporation, and Robert Keyes, part owner of Wool Masters, individually, encouraged and enabled retail outlets to substitute or pass off Wool Masters' yarn on calls or orders for...

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