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BUTI v. PEROSA, S.R.L.

No. 97, Docket 96-9630.

139 F.3d 98 (1998)

Tommaso BUTI; Fashion World Company, Plaintiffs-Counter-Defendants-Appellees, v. Impressa PEROSA, S.R.L., Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 24, 1998.

Attorney(s) appearing for the Case

David Jaroslawicz, New York City (Robert J. Tolchin, Jaroslawicz & Jaros, of counsel), for Defendant-Counter-Claimant-Appellant.

Judd Burstein, Burstein & Fass, New York City (Samuel I. Burstyn, Miami, FL, Miguel M. de la O, de la O, Marko & Wang, Miami, FL, Robert W. Cinque, Cinque & Cinque, New York City, on the brief), for Plaintiffs-Counter-Defendants-Appellees.

Before KEARSE and CABRANES, Circuit Judges, and COTE, District Judge.

COTE, District Judge:

Defendant Impressa Perosa, S.R.L. ("Impressa") appeals from an August 9, 1996 Memorandum Decision of the United States District Court for the Southern District of New York (Schwartz, J.) granting summary judgment to plaintiffs Tommaso Buti and Fashion World Company (referred to collectively as "Buti") on their claim for a declaratory judgment that Impressa has no rights under federal trademark law in the name "Fashion Cafe" for restaurant services...

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