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MOREX S.P.A. v. DESIGN INSTITUTE AMERICA, INC.

Nos. 1228, 1268, Dockets 85-7142, 85-7172.

779 F.2d 799 (1985)

MOREX S.P.A. and Morex USA, Inc., Plaintiffs-Counterdefendants-Appellees-Cross-Appellants, v. DESIGN INSTITUTE AMERICA, INC., Defendant-Counterclaimant-Appellant-Cross-Appellee, v. FRANKART DISTRIBUTORS, INC., Counterdefendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 12, 1985.

Attorney(s) appearing for the Case

Peter T. Cobrin, New York City (Stempler, Cobrin & Godsberg, P.C., New York City, of counsel), for plaintiffs-counter-defendants-appellees-cross-appellants.

Andrew Baum, New York City (Nims, Howes, Collison & Isner, New York City, of counsel), for defendant-counterclaimant-appellant-cross-appellee.

Before MANSFIELD and PRATT, Circuit Judges, and MacMAHON, District Judge.

PER CURIAM.

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Charles M. Metzner, Judge, granting a declaratory judgment and dismissing counterclaims alleging violations of the Lanham Act, 15 U.S.C. § 1125, and unfair competition. The district court permanently enjoined Design Institute America, Inc. ("DIA"), a furniture manufacturer, from alleging that Morex S.p.A. and Morex USA, Inc. (collectively...

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