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SWEATER BEE BY BANFF v. MANHATTAN INDUSTRIES

No. 477, Docket 84-7755.

754 F.2d 457 (1985)

SWEATER BEE BY BANFF, LTD., Plaintiff-Appellant, v. MANHATTAN INDUSTRIES, INC. and Bayard Shirt Corporation, Defendants-Appellees, and Don Sophisticates, Inc. and Herbert Rounick, Defendants.

United States Court of Appeals, Second Circuit.

Decided February 6, 1985.

Attorney(s) appearing for the Case

Dennis Grossman, New York City (Eileen King, Neil S. Kramer, New York City, of counsel), for plaintiff-appellant.

Thomas J. Sweeney, III, New York City (Cynthia A. Feigin, Davis, Markel, Dwyer & Edwards, Paul Fields, McAulay, Fields, Fisher, Goldstein & Nissen, New York City, of counsel), for defendants-appellees.

Before KAUFMAN, OAKES and NEWMAN, Circuit Judges.

OAKES, Circuit Judge:

Sweater Bee by Banff, Ltd. ("Sweater Bee"), and the Manhattan Industries, Inc., defendants ("Manhattan") have been in litigation over the trademark "Kimberly" on women's apparel practically since the day that the former owner of that mark formally abandoned it. The litigation first reached this court in Manhattan Industries, Inc. v. Sweater Bee by Banff, Ltd., 627 F.2d 628 (2d Cir.1980). There the court...

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