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E.S. ORIGINALS INC. v. STRIDE RITE CORP.

No. 82 Civ. 8014 (JES).

656 F.Supp. 484 (1987)

E.S. ORIGINALS INC., Plaintiff, v. The STRIDE RITE CORPORATION, Defendant.

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

March 20, 1987.

Attorney(s) appearing for the Case

Taggart & Colucci, New York City (Frank J. Colucci and Robert S. Weisbein, of counsel), for plaintiff.

Graham, Campaign & McCarthy, P.C., New York City (Keith E. Danish, of counsel), and Fish & Richardson, Boston, Mass. (Frank P. Porcelli, John M. Skenyon and Robert E. Hillman, of counsel), for defendant.

SPRIZZO, District Judge:

In this action for declaratory and injunctive relief, plaintiff E.S. Originals Incorporated ("ESO") seeks a declaration that its use of the trademark "ZIP 'N GO" for its zippered athletic shoes does not infringe the "ZIPS" trademark used by the Stride Rite Corporation ("Stride Rite") for its children's athletic shoes. See Complaint at 3-4. ESO also seeks an injunction barring Stride Rite from charging ESO or any of its customers with...

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