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GREAT AMERICAN AUDIO CORP. v. METACOM, INC.

Nos. 1801, 1868, Dockets 91-7446, 91-7516.

938 F.2d 16 (1991)

GREAT AMERICAN AUDIO CORPORATION, Plaintiff-Appellant-Cross-Appellee, v. METACOM, INC., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 28, 1991.

Attorney(s) appearing for the Case

Lawrence G. Kurland, New York City (Michael G. Biggers, Nora S. Hirschberger, Bryan, Cave, McPheeters & McRoberts, on the brief), for plaintiff-appellant-cross-appellee.

Jerome B. Pederson, Minneapolis, Minn. (Laurie J. Miller, Fredrikson & Byron, Minneapolis, Minn., Louis J. Maione, Salon, Marrow & Dyckman, New York City, on the brief), for defendant-appellee-cross-appellant.

Before MESKILL, KEARSE and McLAUGHLIN, Circuit Judges.

PER CURIAM:

Plaintiff Great American Audio Corporation ("GAAC") appeals from a May 7, 1991 decision of the United States District Court for the Southern District of New York, Thomas P. Griesa, Judge, denying its request for an injunction against defendant Metacom, Inc. ("Metacom"), under the Lanham Act, 15 U.S.C. § 1125(a) (1988), in connection with the marketing by each party of a toy bus containing audio cassettes. Metacom cross-appeals, seeking to challenge...

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