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A & H SPORTSWEAR v. VICTORIA'S SECRET STORES

No. 97-1570.

166 F.3d 191 (1999)

A & H SPORTSWEAR INC.; Mainstream Swimsuits, Inc., Appellants in No. 97-1570, v. VICTORIA'S SECRET STORES, INC.; Victoria's Secret Catalogue, Inc.

United States Court of Appeals, Third Circuit.

Resubmitted December 14, 1998.

Decided January 21, 1999.

Attorney(s) appearing for the Case

Michael F. Snyder Seidel, Gonda, Lavorgna & Monaco, Philadelphia, PA, Arthur H. Seidel Stephen J. Meyers (Argued) Seidel, Gonda, Lavorgna & Monaco Philadelphia, PA, Norman Seidel Laub, Seidel, Cohen & Hof, Easton, PA, for A & H Sportswear Inc. and Mainstream Swimsuits, Inc., Cross-Appellants in No. 97-1570.

H. Robert Fiebach, Cozen & O'Connor, Philadelphia, PA, Frank J. Colucci (Argued), Richard P. Jacobson, Colucci & Umans, New York, N.Y., for Victoria's Secret Stores, Inc. and Victoria's Secret Catalogue, Inc., Cross-Appellees in No. 97-1570.

Before: SLOVITER, GREENBERG and GIBSON, Circuit Judges.

Argued May 19, 1998.

Before: SLOVITER, GREENBERG and GIBSON,* Circuit Judges.

Resubmitted Dec. 14, 1998.

Before: SLOVITER, GREENBERG and GIBSON,* Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This trademark infringement action was filed by A & H Sportswear Inc. and its affiliate, Mainstream Swimsuits, Inc., the maker and distributor respectively...

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