POLO FASHIONS, INC. v. DICK BRUHN, INC.

No. 85-2280.

793 F.2d 1132 (1986)

POLO FASHIONS, INC., Plaintiff-Appellant, v. DICK BRUHN, INC.; the Woolen Mill; Richard L. Bruhn; and Larry Pickens, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 10, 1986.


Attorney(s) appearing for the Case

Milton Springut, Morton Amster, Amster, Rothstein & Engelberg, New York City, Neil A. Smith, Limbach, Limbach & Sutton, San Francisco, Cal., for plaintiff-appellant.

David St. Louis, Sandell, Young & St. Louis, Fresno, Cal., for defendants-appellees.

J. Joseph Bainton, Reboul, MacMurray, Hewit, Maynard & Kristol, New York City, amicus curiae, for International Anticounterfeiting Coalition, Inc.

Before CHAMBERS, SNEED, and FARRIS, Circuit Judges.


SNEED, Circuit Judge:

This is a trademark infringement action. The plaintiff, Polo Fashions, Inc. (Polo), prevailed in the district court and received approximately $6,000, the amount of profits the defendants earned from sales of counterfeit Polo shirts. Polo argues that the district court did not award an adequate remedy. We agree in part. Therefore, we affirm in part, reverse in part, and remand.

I.

FACTS

Polo manufactures a popular...

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