GUCCI AMERICA, INC. v. ACTION ACTIVEWEAR, INC.

No. 89 Civ. 8314 (PKL).

759 F.Supp. 1060 (1991)

GUCCI AMERICA, INC., and Polo Ralph Lauren Corporation, Plaintiffs, v. ACTION ACTIVEWEAR, INC., Azriel Uzi Lewin, Josef's, Samuel Josef, Ari Gavrielli, and John Does 2-10, Defendants.

United States District Court, S.D. New York.

March 28, 1991.


Attorney(s) appearing for the Case

Lieberman Rudolph & Nowak (Milton Springut and Henry Pitman, of counsel), New York City, for plaintiffs.

Silverglad & Marder (Hyman Silverglad, of counsel), New York City, for defendants.


ORDER AND OPINION

LEISURE, District Judge:

This is an action for trademark infringement under section 32 of the Lanham Act, 15 U.S.C. § 1114, and for unfair competition under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and under common law. Plaintiffs now move for summary judgment on the issue of liability. For the reasons set forth below, plaintiffs' motion is granted.

BACKGROUND

The essential facts in this action are...

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