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ARIS ISOTONER INC. v. BERKSHIRE FASHIONS, INC.

No. 288, Docket 90-7394.

924 F.2d 465 (1991)

ARIS ISOTONER INC., Plaintiff-Appellee, v. BERKSHIRE FASHIONS, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 28, 1991.

Attorney(s) appearing for the Case

James B. Swire, New York City (Townley & Updike, of counsel), for plaintiff-appellee.

Marvin E. Frankel, New York City (Kramer, Levin, Nessen, Kamin & Frankel; Brumbaugh, Graves, Donohue & Raymond, of counsel), for defendant-appellant.

Before NEWMAN and PRATT, Circuit Judges, and GRIESA, District Judge for the Southern District of New York, sitting by designation.

PER CURIAM:

This appeal arises from proceedings in the District Court by Aris Isotoner Inc. to protect a trademarked glove design (the so-called "Double V" design). The first stage of the litigation ended with a consent judgment entered by the late Judge Weinfeld on October 29, 1985, under which Berkshire was prohibited from marketing a glove bearing the "Double Diagonal" design and "any other device confusingly similar" to Aris's Double V glove. In June 1989 Aris...

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