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BEAR U.S.A., INC. v. KIM

No. 97 Civ. 0574(LAK), 98 Civ. 8845(LAK).

71 F.Supp.2d 237 (1999)

BEAR U.S.A., INC., Plaintiffs, v. William KIM, Dura-Tex, Inc., Theodore Held, Sheldon Held, Best Values Styles, Inc., Inner City Jeans & Sportswear, Ltd., A.J. Sheepskin & Leather Outerwear, Inc., B.J. Myerson, Inc., Family Off Price Shop, Inc., Ill Joo Lee, Bear Mountain, Inc., Suk J. Kong, Midwest International Trading, and Show Tree, Inc., Defendants. Bear U.S.A., Inc., Plaintiffs, v. Bing Chuan Group U.S.A. Corp., William Kim, John Doe d/b/a Just for You, Momo St. Nicholas, Inc. d/b/a New York Sports, and John Doe d/b/a Headquarters, Defendants.

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

September 17, 1999.

Attorney(s) appearing for the Case

Victor John Geraci, Fitzpatrick, Cella, Harper & Scinto, New York, NY, for Bear U.S.A., Inc., plaintiff.

Andrew T. Hahn, Winston & Strawn, New York, NY, S. Henry Cho, New York, NY, for William Kim, Dura-Tex, Inc., Family Off Price Shop, Inc., Shoe Tree, Inc., defendants.

David A. Stern, Howard M. Davis P.C., New York, NY, for Suk J. Kong, Midwest International Trading, Inc., defendants.

OPINION

KAPLAN, District Judge.

Last winter, for the third holiday season, Bear U.S.A., Inc. ("Bear U.S.A.") alleged that the trademarks on its popular "Bear" parkas were being infringed. The Court now decides two separate but related motions: one for contempt of an earlier judgment and the other for a preliminary injunction in a new case. The accused parkas have been seized, and the Court has issued a temporary restraining order in the new case.

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