POLO FASHIONS, INC. v. CRAFTEX, INC.

Nos. 85-2302, 85-2303.

816 F.2d 145 (1987)

POLO FASHIONS, INC., Appellee, v. CRAFTEX, INC., Appellant, and Bobby O'Neal and Keith O'Neal, Defendants. POLO FASHIONS, INC., Appellant, v. CRAFTEX, INC.; Bobby O'Neal and Keith O'Neal, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 9, 1987.


Attorney(s) appearing for the Case

Larry L. Coats (David E. Bennett, Mills and Coats, Raleigh, N.C., on brief), for appellant.

Milton Springut (Morton Amster, Susan R. Reiss, Amster, Rothstein & Ebenstein, New York City, Charles C. Meeker, Sanford, Adams, McCullough & Beard, Raleigh, N.C., on brief), for appellee.

Before WIDENER and ERVIN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.


HAYNSWORTH, Senior Circuit Judge:

This is an action for trademark infringement under the Lanham Act and for unfair competition in pendent state law claims. The district court awarded summary judgment to the plaintiff on the question of liability and, after a bench trial, determined plaintiff's damages to be Craftex's profits in making and selling the offending goods, and that amount was trebled under state law.

On the defendant's appeal we affirm the judgment...

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