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NBA PROPERTIES, INC. v. GOLD

No. 89-1572.

895 F.2d 30 (1990)

NBA PROPERTIES, INC., Plaintiff, Appellee, v. Richard GOLD, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided February 1, 1990.

Attorney(s) appearing for the Case

Robert L. Ellman, with whom Chesley Oriel, Alfred E. Pearson, and Finkelstein and Oriel, Framingham, Mass., were on brief, for defendants, appellants.

Jeffrey L. Laytin, with whom Richard B. Verner, Lewin & Laytin, P.C., New York City, Harold W. Potter, Jr., and Sherburne, Powers & Needham, Boston, Mass., were on brief, for plaintiff, appellee.

Before BOWNES, Circuit Judge, VAN GRAAFEILAND, Senior Circuit Judge, and BREYER, Circuit Judge.

BREYER, Circuit Judge.

NBA Properties, Inc. ("NBA"), which controls the legal rights to certain National Basketball Association trademarks and tradenames, found that several franchised "Wild Tops" retail stores were selling clothes and heat transfers bearing those marks and names without NBA permission. NBA sued two companies, one called National Development Group, Inc., and the other Wild Tops Franchising, Inc., along with their principal owner, Richard Gold (collectively...

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