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NIKE, INC. v. RUBBER MFRS. ASS'N, INC.

No. 80 Civ. 4990.

509 F.Supp. 919 (1981)

NIKE, INC., Plaintiff, v. RUBBER MANUFACTURERS ASSOCIATION, INC., et al., Defendants.

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

February 27, 1981.

Attorney(s) appearing for the Case

Stoel, Rives, Boley, Fraser & Wyse, Portland, Or., George K. Meier, III, Portland, Or., Jay Greenfield, Jonathan Sinnreich, Elizabeth S. Koltun, Peter Jarvis, New York City, of counsel; Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for plaintiff Nike, Inc.

Kirkwood, Kaplan, Russin & Vecchi, New York City, Kaplan, Russin & Vecchi, Washington, D. C., Julius Kaplan, Washington, D. C., Kathleen F. Patterson, Foley, Lardner, Hollabaugh & Jacobs, Washington, D. C., Douglas V. Rigler, Washington, D. C., of counsel, for defendant and counterclaim plaintiff Brooks Shoe Manufacturing Co., Inc.

OPINION

BONSAL, District Judge.

Defendant Brooks Shoe Manufacturing Co., Inc. ("Brooks"), one of the defendants and the counterclaim plaintiff herein, moves for a preliminary injunction against plaintiff and counterclaim defendant Nike, Inc. ("Nike") pending the final hearing and determination of the counterclaim. The injunction would enjoin Nike from (a) authorizing, permitting, approving or in any manner causing Nike's "swoosh-stripe" trademark symbol...

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