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SIZES UNLIMITED, INC. v. SIZES TO FIT, INC.

No. 92 CV 2443 ERK.

871 F.Supp. 1558 (1994)

SIZES UNLIMITED, INC. and The Avenue, Inc., Plaintiffs, v. SIZES TO FIT, INC., Defendant.

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

September 14, 1994.

Attorney(s) appearing for the Case

Andrew L. Deutsch, Varet Marcus & Fink P.C., New York City, for plaintiffs.

Edgar H. Haug, Curtis, Morris & Safford, P.C., New York City, for defendant.

CORRECTED MEMORANDUM AND ORDER

KORMAN, District Judge.

Plaintiffs Sizes Unlimited, Inc. and The Avenue, Inc. are clothing retailers specializing in the sale of large-size women's clothing under the names SIZES WOMAN, SIZES UNLIMITED and SMART SIZE, as well as THE AVENUE. They bring this action for injunctive relief against another retailer, Sizes to Fit, Inc., claiming that the use of the name SIZES TO FIT on defendant's store infringed plaintiffs...

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