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GEAR, INC. v. L.A. GEAR CALIFORNIA, INC.

No. 85 Civ. 5754 (CSH).

670 F.Supp. 508 (1987)

GEAR, INC., Plaintiff, v. L.A. GEAR CALIFORNIA, INC.; L.A. Gear Licensing Corp.; L.A. Gear, Ltd.; and Robert Y. Greenberg, Defendants, Bettye Martin Musham and William Musham, Additional Counterclaim Defendants.

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

July 29, 1987.

Attorney(s) appearing for the Case

Pennie & Edmonds, New York City, Walter G. Marple, Jr., Judith D. Cohen, of counsel, for plaintiff.

Kelley Drye & Warren, New York City, Robert A. Horowitz, of counsel, Arant Kleinberg & Lerner, Los Angeles, Cal., for defendants.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

This dispute between these young, highly successful business enterprises focuses this Court's attention on the commercial value of the simple English word "gear."

Plaintiff Gear, Inc. sues to enjoin defendants from using the mark "L.A. Gear" on its goods or in its corporate names, for cancellation of defendants' trademark registration, and for an accounting. It brings causes of action under sections...

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