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

No. 262, Docket 87-7439.

841 F.2d 486 (1988)

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

United States Court of Appeals, Second Circuit.

Decided March 10, 1988.

Attorney(s) appearing for the Case

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

Karen Artz Ash, New York City (Daniel Ebenstein, Amster, Rothstein & Ebenstein, New York City, of counsel), for defendant-appellee.

Before OAKES, CARDAMONE and MAHONEY, Circuit Judges.

CARDAMONE, Circuit Judge:

This is an appeal in a Lanham Act case. In the typical trademark infringement suit a senior user claims that a junior user is attempting to ride on the senior's coattails and to persuade consumers that the senior user is the source of the junior user's goods. On this appeal, we consider what the rule is when the junior user — because it is bigger and better known in the marketplace — is wrongly viewed as the source of the goods...

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