BANFF, LTD. v. FEDERATED DEPT. STORES, INC.

No. 86 Civ. 3635 (RWS).

638 F.Supp. 652 (1986)

BANFF, LTD., f/k/a Sweater Bee by Banff, Ltd., Plaintiff, v. FEDERATED DEPARTMENT STORES, INC., and Bloomingdale's, a division of Federated Department Stores, Inc., Defendants.

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

June 5, 1986.


Attorney(s) appearing for the Case

Dennis Grossman, New York City (Eileen King, of counsel), for plaintiff.

Kuhn, Muller & Bazerman, New York City (Steven H. Bazerman, Julius Rabinowitz, Frank D. Decolvenaere, of counsel), for defendants.


OPINION

SWEET, District Judge.

Plaintiff Banff, Ltd. ("Banff") brings this action under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), to enjoin defendant Bloomingdale's, a division of Federated Department Stores, Inc. ("Bloomingdale's"), from using a false designation of origin on women's wearing apparel and on May 16 sought a preliminary injunction against Bloomingdale's use of the mark "B Wear" in connection with the sale of women's apparel...

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