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PHILLIPS-VAN HEUSEN CORP. v. CALVIN CLOTHING CO.

No. 05 Civ. 6802(JSR).

444 F.Supp.2d 250 (2006)

PHILLIPS-VAN HEUSEN CORP., Calvin Klein, Inc., and Calvin Klein Trademark Trust, Plaintiffs, v. CALVIN CLOTHING COMPANY, INC., and Star Ride Kids, Inc., Defendants.

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

August 11, 2006.

Attorney(s) appearing for the Case

Edward Elmo Vassallo, James Martin Gibson, Tila Marie Duhaime, Timothy J. Kelly, Fitzpatrick, Cella, Harper & Scinto, New York, NY, for Plaintiffs.

Anthony F. Lo Cicero, Marc Jonathan Jason, Amster, Rothstein & Ebenstein LLC, New York, NY, for Defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

RAKOFF, District Judge.

Before anyone had even heard of the name "Calvin Klein," a small clothing manufacturer named Calvin Clothing Company registered the trademark "Calvin" to identify its tailored boys' apparel. Decades later, Calvin Clothing Company, now under new ownership, sought in various ways to widen its use of the name "Calvin" to other lines of clothing, thus precipitating this lawsuit brought under...

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