LESPORTSAC, INC. v. K MART CORP.

No. 84 CV 2720.

607 F.Supp. 183 (1984)

LESPORTSAC, INC., Plaintiff, v. K MART CORPORATION, Defendant.

United States District Court, E.D. New York.

On Motion to Modify Injunction, September 18, 1984.


Attorney(s) appearing for the Case

Kuhn, Muller & Bazerman, New York City, for plaintiff; Steven H. Bazerman, Julius Rabinowitz, New York City, of counsel.

Kirchstein, Kirchstein, Ottinger & Israel, New York City, Alexander & Zalewa, Ltd., Chicago, Ill., for defendant; Alan Israel, Martin W. Schiffmiller, New York City, James D. Zalewa, Mark W. Croll, Chicago, Ill., of counsel.


McLAUGHLIN, District Judge.

Plaintiff seeks a preliminary injunction prohibiting defendant from infringing plaintiff's trademark and trade dress for lightweight luggage and handbags. The parties submitted affidavits and memoranda in support of their positions, and the Court heard testimony on July 6, 1984. For the reasons developed below, the preliminary injunction shall issue.

Facts

Plaintiff sells a line of lightweight luggage made of parachute...

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