EXXON CORP. v. OXXFORD CLOTHES, INC.

No. 96-20397.

109 F.3d 1069 (1997)

EXXON CORPORATION, Plaintiff-Appellee, v. OXXFORD CLOTHES, INC., and Oxxford Clothes XX, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 10, 1997.


Attorney(s) appearing for the Case

William Charles Slusser, Richard S. Siluk, Claudia Wilson Frost, Joan Alison Juban, Baker & Botts, Houston, TX, for Exxon Corp.

Alex A. Alston, Jr., Terryl Kimbrell Rushing, Alston, Rutherford & Van Slyke, Jackson, MS, Thomas Clower Harvey, Jr., Nashville, TN, Steve W. Rosenblatt, Rosenblatt & Redano, Houston, TX, for Oxxford Clothes, Inc. and Oxxford Clothes XX, Inc.

Before KING, GARWOOD and PARKER, Circuit Judges.


PER CURIAM:

Oxxford Clothes, Inc., and Oxxford Clothes XX, Inc. (Oxxford), appeal an order of the district court dismissing asserted affirmative defenses. Concluding that such an order is not an appealable partial final judgment under 28 U.S.C. § 1291, we dismiss this appeal.

This case arises out of a trademark dispute between Exxon and Oxxford over Oxxford's use of the stylized interlocking "XX" symbol which Exxon has used since the early 1970s. Oxxford...

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