EL GRECO LEATHER PRODUCTS CO., INC. v. SHOE WORLD

No. 1036, Dockets 86-7032, 86-7038.

806 F.2d 392 (1986)

EL GRECO LEATHER PRODUCTS COMPANY, INC. d/b/a Candie's International, Plaintiff-Appellant, Cross-Appellee, v. SHOE WORLD, INC., d/b/a Gussini, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 3, 1986.


Attorney(s) appearing for the Case

J. Joseph Bainton, New York City (Reboul, MacMurray, Hewitt, Maynard & Krostol, of counsel), for plaintiff-appellant, cross-appellee.

Edward V. Filardi, New York City (Brumbaugh, Graves, Donohue & Raymond, of counsel), for defendant-appellee, cross-appellant.

Before KEARSE, PRATT, and ALTIMARI, Circuit Judges.


GEORGE C. PRATT, Circuit Judge:

This appeal presents an issue under § 32 of the Lanham Act, 15 U.S.C. § 1114, specifically, whether goods manufactured by agreement with the holder of a trademark, but distributed without authorization of the holder, may be considered "genuine" for purposes of trademark protection. Because we conclude that such goods cannot be considered genuine, we reverse.

BACKGROUND

On March 17, 1983, Solemio, a Brazilian...

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