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YARMUTH-DION, INC. v. D'ION FURS, INC.

No. 180, Docket 87-7423.

835 F.2d 990 (1987)

YARMUTH-DION, INC., Peter Dion, Inc., and Peter Dion, Plaintiffs-Appellants, v. D'ION FURS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 22, 1987.

Attorney(s) appearing for the Case

James Hamilton, Washington, D.C. (Mary Helen Sears, Samuel H. Black, David G. Sumner, Ginsburg, Feldman and Bress, Washington, D.C., Paul Frohman, Alfieri, Frohman, Unger & Primoff, New York City, of counsel), for plaintiffs-appellants.

George Gottlieb, New York City (Jeffrey M. Kaden, Gottlieb, Rackman & Reisman, New York City, of counsel), for defendant-appellee.

Before CARDAMONE, WINTER and MINER, Circuit Judges.

CARDAMONE, Circuit Judge:

Yarmuth-Dion, Inc., Peter Dion, Inc., and Peter Dion (collectively Dion or Peter Dion) appeal from an April 21, 1987 judgment of the United States District Court for the Southern District of New York (Griesa, J.) dismissing their amended complaint against D'ion Furs, Inc. (D'ion Furs). The judgment was based on an oral decision rendered April 9, 1987, in which Judge Griesa held that Peter Dion had failed to prove secondary meaning necessary...

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