AEROGROUP INTERN., INC. v. SHOE SHOW, INC.

No. 95-CV-6583L.

966 F.Supp. 175 (1997)

AEROGROUP INTERNATIONAL, INC., Plaintiff, v. The SHOE SHOW, INC., The Shoe Show of Rocky Mount, Inc., Defendants.

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

June 13, 1997.


Attorney(s) appearing for the Case

Kenneth A. Payment, Rochester, NY, Eric J. Lobenfeld, Drew Wintringham, Brian A. Miller, Chadbourne & Parke, New York City, for Aerogroup Intern., Inc.

Richard D. Rochford, Heidi L. Holman, Nixon, Hargrave, Devans & Doyle LLP, Rochester, NY, Charles E. Buffon, Tracy A. Thomas, Covington & Burling, Washington, DC, for Shoe Show, Inc., The Shoe Show of Rocky Mount, Inc. and Shoe Show of Wilmington, Inc.


DECISION AND ORDER

LARIMER, Chief Judge.

BACKGROUND

This is a trade dress, trade mark and patent infringement case. Plaintiff Aerogroup makes women's shoes including women's casual sandals, using the brand name AEROSOLES.® Defendants The Shoe Show Inc. and The Shoe Show of Rocky Mount, Inc. (Shoe Show) are discount retailers of women's shoes.

This suit was filed November 20, 1995. Aerogroup's claims arise out of the sale...

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