ESTEE LAUDER INC. v. THE GAP, INC.

Nos. 797, Docket 96-7938.

108 F.3d 1503 (1997)

ESTEE LAUDER INC., Plaintiff-Counter-Defendant-Appellee, v. THE GAP, INC. d/b/a Old Navy Clothing Company, Defendant-Counterclaimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 25, 1997.


Attorney(s) appearing for the Case

Arthur J. Greenbaum, New York City (Joshua Paul, Robert W. Clarida, Cowan, Liebowitz & Latman, New York City, on the brief), for Plaintiff-Counter-Defendant-Appellee.

Jerome B. Falk, Jr., San Francisco, CA (Annette L. Hurst, Howard, Rice, Nemerovski, Canady, Falk & Rabkin, San Francisco, CA, Peter Jakab, Fein & Jakab, New York City, Julie Henderson Kanberg, San Francisco, CA, on the brief), for Defendant-Counterclaimant-Appellant.

Before: OAKES, KEARSE, and JACOBS, Circuit Judges.


KEARSE, Circuit Judge:

Defendant The Gap, Inc. d/b/a Old Navy Clothing Company ("Gap"), appeals from a final judgment of the United States District Court for the Southern District of New York, Lewis A. Kaplan, Judge, permanently enjoining Gap from using the term "100%" alone or with other terms as a trademark in connection with the manufacture, promotion, or distribution of its personal care products and bathroom furnishings and implements. The district court...

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