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IMAF, S.P.A. v. J.C. PENNEY CO., INC.

No. 86 Civ. 9080 (CHT).

810 F.Supp. 96 (1992)

IMAF, S.p.A., Plaintiff, v. J.C. PENNEY COMPANY, INC., Defendant.

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

December 30, 1992.

Attorney(s) appearing for the Case

Herzfeld & Rubin, P.C., New York City (Peter J. Kurshan, of counsel), for plaintiff.

John B. Rizo, Sr., J.C. Penney Co., Inc., Legal Dept. (Weil, Gotshal & Manges, New York City, of counsel), for defendant.

OPINION

TENNEY, District Judge:

This application for attorneys' fees arises from a trademark action brought by IMAF, S.p.A. ("IMAF") against J.C. Penney Co., Inc. ("Penney") that was dismissed following a bench trial on the merits. Penney has applied for attorneys' fees, alleging that IMAF brought this suit in bad faith. The court agrees and grants the application.

BACKGROUND1

IMAF is an Italian knitwear manufacturer...

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