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GEMVETO JEWELRY CO., INC. v. JEFF COOPER INC.

Appeal No. 86-763.

800 F.2d 256 (1986)

GEMVETO JEWELRY COMPANY, INC., Appellee, v. JEFF COOPER INCORPORATED and Jeff Cooper, Individually, Appellants.

United States Court of Appeals, Federal Circuit.

September 5, 1986.

Attorney(s) appearing for the Case

James D. Fornari, of Jarblum, Solomon & Fornari, New York City, argued for appellee, Winston & Strawn, Washington, D.C., of counsel.

Howard C. Miskin, of Colvin, Miskin, Basseches & Mandelbaum, New York City, argued for appellants; Howard F. Mandelbaum, of Colvin, Miskin, Basseches & Mandelbaum, New York City, of counsel.

Before MARKEY, Chief Judge, NICHOLS, Senior Circuit Judge, and BISSELL, Circuit Judge.

BISSELL, Circuit Judge.

Jeff Cooper, Inc. and Jeff Cooper (collectively referred to as Cooper) appeal from the order of the United States District Court for the Southern District of New York, 81 Civ. 3447, in effect enjoining Cooper from selling jewelry of certain designs similar in appearance to the jewelry of Gemveto Jewelry Company, Inc. (Gemveto). We vacate and remand.

BACKGROUND

Gemveto, a jewelry manufacturer, filed this action against Jeff...

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