CLARK & FREEMAN CORP. v. HEARTLAND CO. LTD.

No. 92 Civ. 112 (JSM).

811 F.Supp. 137 (1993)

CLARK & FREEMAN CORP. and Heartland Shoe Company, Inc., Plaintiffs, v. The HEARTLAND COMPANY LTD. and Steven Kline, Defendants.

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

January 8, 1993.


Attorney(s) appearing for the Case

William Hibsher and Glenn B. Coleman, Teitlebaum, Hiller, Rodman, Paden & Hibsher, P.C., New York City, for plaintiffs.

Richard I. Miller, Harvey M. Burg, and Jerry Cohen, Perkins, Smith & Cohen, Boston, MA, for defendants.


OPINION

MARTIN, District Judge:

This case involves the competing claims of two companies to the exclusive right to use the name "Heartland" in connection with their business operations. Defendants have been using the name since July of 1985 in connection with their sales of shirts, sweaters, trousers and jackets. Plaintiffs first commenced using the name "Heartland" on April 26, 1986 in connection with the sale of men's shoes and boots.

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