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POLO FASHIONS, INC. v. GORDON GROUP

Civ. No. C-83-1291-D.

627 F.Supp. 878 (1985)

POLO FASHIONS, INC., Plaintiff, v. The GORDON GROUP, Lionel Gordon, V.C. Matthews, Alley Boy Fashions, Inc., Defendants, V.C. Matthews Associates, Inc., Additional Defendant, and Allan Ackerman, Defendant and Third-Party Plaintiff, MS. MADAME McGRIFFIN, INC., Additional Defendant and Third-Party Plaintiff, v. Lionel GORDON, Third-Party Defendant.

United States District Court, M.D. North Carolina, Durham Division.

May 14, 1985.

Attorney(s) appearing for the Case

Cynthia Leigh Wittmer, William C. Pappas, Charles C. Meeker, Raleigh, N.C., Morton Amster, Phillip H. Gottfried, New York City, for Polo Fashions, Inc.

J. William Blue, Jr., Chapel Hill, N.C., for the Gordon Group and Lionel Gordon.

David I. Smith, Burlington, N.C., for V.C. Matthews and V.C. Matthews Associates, Inc.

Thomas C. Manning, Raleigh, N.C., Jack B. Swerling, Columbia, S.C., for Allan Ackerman, Alley Boy Fashions, Inc., and Ms. Madame McGriffin, Inc.

MEMORANDUM OPINION

BULLOCK, District Judge.

This action for trademark infringement and unfair competition arises from the alleged introduction into commerce by Defendants of various items of clothing not manufactured by Plaintiff bearing embroidered emblems which are virtually indistinguishable from portions of Plaintiff's own registered trademarks. Plaintiff, Polo Fashions, Inc., instituted this action seeking injunctive relief and damages against Defendant...

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