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UNITED WE STAND AM. v. UNITED WE STAND, AMERICA N.Y.

No. 1681, Docket 96-9500.

128 F.3d 86 (1997)

UNITED WE STAND AMERICA, INC., a D.C. Corporation, Plaintiff-Counterdefendant-Appellee, v. UNITED WE STAND, AMERICA NEW YORK, INC., a New York Corporation, Defendant-Appellant, and Alex Rodriguez, individually and d/b/a United We Stand, America New York, Inc., Defendant-Counterclaimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 15, 1997.

Attorney(s) appearing for the Case

Thomas J. Hillgardner, Flushing, NY (Hillgardner & Hansen, Flushing, NY), for Defendants-Counterclaimant-Appellants.

Loretta M. Gastwirth, Mineola, NY (Meltzer, Lippe, Goldstein, Wolf & Schlissel, P.C., Mineola, NY, Kim J. Askew, Craig W. Budner, David J. Schenck, Hughes & Luce, L.L.P., Dallas, TX), for Plaintiff-Counterdefendant-Appellee.

Before: MESKILL, JACOBS and LEVAL, Circuit Judges.

LEVAL, Circuit Judge:

United We Stand America, Inc. ("United") brought this action to enjoin the use of its registered service mark "United We Stand America" by defendants United We Stand, America New York, Inc. ("UWSANY") and Alex Rodriguez. The district court entered default judgment against UWSANY after its failure to appear, and granted summary judgment in favor of plaintiff United against Rodriguez. UWSANY's motion to...

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