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HIKERS INDUSTRIES v. WILLIAM STUART INDUSTRIES

No. 85 Civ. 7673 (DNE).

640 F.Supp. 175 (1986)

HIKERS INDUSTRIES, INC., Plaintiff, v. WILLIAM STUART INDUSTRIES (FAR EAST) LTD. and Marshalls, Inc., Defendants.

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

July 23, 1986.

Attorney(s) appearing for the Case

Demov, Morris & Hammerling, New York City (Stephen M. Rathkopf and Marshall Fishman, of counsel), for plaintiff.

Butler, Fitzgerald & Potter, New York City (Stuart Potter and James H. Neale, of counsel), for defendant Marshalls, Inc.

OPINION AND ORDER

EDELSTEIN, District Judge:

This is an action for Trademark infringement arising under the Lanham Act, 15 U.S.C. § 1051 et seq., and § 368 of New York's General Business Law. Plaintiff also alleges common law causes of action. Defendant Marshalls, Inc. ("Marshalls") has moved pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for an order dismissing the first five...

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