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HABITAT DESIGN HOLDINGS LTD. v. HABITAT, INC.

No. 77 Civ. 2474 (JMC).

436 F.Supp. 327 (1977)

HABITAT DESIGN HOLDINGS LIMITED and Habitat America Holdings, Inc., Plaintiffs, v. HABITAT, INC., Defendant.

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

August 22, 1977.

Attorney(s) appearing for the Case

Smith, Steibel, Alexander & Saskor, P.C., New York City (Michael Alexander, New York City, of counsel), and Sughrue, Rothwell, Mion, Zinn & MacPeak, Washington, D.C. (G. Franklin Rothwell and Robert G. McMorrow, Washington D.C., of counsel), for plaintiffs.

Jacobs & Jacobs, P.C., New York City (Mark H. Sparrow and Jesse D. Reingold New York City, of counsel), and Gleason, Laitman, Mathews, Magidson & Rosen, New York City (Daniel E. Laitman, New York City, of counsel), for defendant.

CANNELLA, District Judge.

Plaintiffs, after a bench trial are permanently enjoined from infringing defendant's trademark or trade name, "Habitat," or unfairly competing with defendant. The complaint is dismissed.

Jurisdiction is predicated upon 28 U.S.C. §§ 1331, 1338 and 15 U.S.C. § 1121.

THE FACTS

The facts of this case differ from those normally encountered in infringement actions for here, although plaintiffs are second...

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