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JA APPAREL CORP. v. ABBOUD

Docket No. 08-3181-cv.

568 F.3d 390 (2009)

JA APPAREL CORP., Plaintiff-Counterclaim-Defendant-Appellee, v. Joseph ABBOUD, Houndstooth Corp., Herringbone Creative Services, Inc., Defendants-Counterelaimants-Appellants, v. Martin Staff, Counterclaim-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 10, 2009.

Attorney(s) appearing for the Case

Thomas A. Smart, New York, N.Y. (Phillip A. Geraci, Richard A. De Sevo, Michael Denvir (pending admission), Kaye Scholer, New York, NY, on the brief), for Plaintiff-Counterclaim-Defendant-Appellee and Counterclaim-Defendant-Appellee.

Randy Lipsitz, Kramer Levin Naftalis & Frankel, New York, N.Y. (Louis Ederer, Arnold & Porter, New York, NY, on the brief) for Defendants-Counterclaimants-Appellants.

Judge SACK concurs, in a separate opinion.

KEARSE, Circuit Judge:

Defendants Joseph Abboud ("Abboud") et al. appeal from so much of a final judgment entered in the United States District Court for the Southern District of New York following a bench trial before Theodore H. Katz, Magistrate Judge, as permanently enjoined them from using, inter alia, the name "Joseph Abboud" to sell, market, or promote, goods, products, or services to the consuming public, and dismissed their counterclaims...

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