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BANFF, LTD. v. COLBERTS, INC.

Nos. 1332, 1475, Dockets 92-9298, 92-9334.

996 F.2d 33 (1993)

BANFF, LTD., Plaintiff-Appellant-Cross-Appellee, v. COLBERTS, INC.; Tamara Imports, a Division of Colberts, Inc.; Tamara Imports, Inc., Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 14, 1993.

Attorney(s) appearing for the Case

Dennis Grossman, Eileen King, New York City (Grossman & King), for plaintiff-appellant-cross-appellee.

Glen S. Feinberg, Nina Cangiano, New York City (Wilson Elser Moskowitz Edelman & Dicker), for defendants-appellees-cross-appellants.

Before VAN GRAAFEILAND, WINTER, Circuit Judges, POLLACK, Senior District Judge.

MILTON POLLACK, Senior District Judge:

Plaintiff-appellant-cross-appellee Banff, Ltd. ("Banff") is a New York corporation that manufactures, markets and sells women's clothing to retail stores. Banff owns the federally-registered trademark "Vanessa" under a November 2, 1988 assignment from Vanessa Knitwear Ltd. Defendant-appellee-cross-appellant Colberts, Inc. ("Colberts") is a family-run chain of retail stores in Texas that sells women's clothing. The defendant-appellee...

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