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20TH CENTURY WEAR, INC. v. SANMARK-STARDUST, INC.

No. 509, Docket 86-7738.

815 F.2d 8 (1987)

20TH CENTURY WEAR, INC., Appellant, v. SANMARK-STARDUST INC. and Domino Industries, Inc., Appellees.

United States Court of Appeals, Second Circuit.

Decided March 24, 1987.

Attorney(s) appearing for the Case

Leonard W. Wagman, New York City (Golenbock and Barell, Leonard A. Benowich, Kathy S. Marks, of counsel), for appellant.

Howard C. Miskin, New York City (Colvin Miskin Basseches & Mandelbaum, Howard F. Mandelbaum, of counsel), for appellees.

Before OAKES, CARDAMONE and DAVIS, Circuit Judges.

OAKES, Circuit Judge:

This case involves a claim by 20th Century Wear, Inc. ("20th Century") that Sanmark-Stardust Inc. ("Sanmark"), an importer and wholesaler of women's sleepwear, and Domino Industries, Inc. ("Domino"), Sanmark's sales agent, infringed 20th Century's trademark and trade dress in connection with the sale of women's flannel pajamas and nightgowns. This is the second time we have had this case on appeal. The first appeal reviewed a judgment granting...

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