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A & H SPORTSWEAR CO. v. VICTORIA'S SECRET STORES

No. 94-7408.

167 F.Supp.2d 770 (2001)

A & H SPORTSWEAR CO., INC. and Mainstream Swimsuits, Inc., Plaintiffs, v. VICTORIA'S SECRET STORES, INC., and Victoria's Secret Catalogue, Inc., Defendants.

United States District Court, E.D. Pennsylvania.

August 17, 2001.

Attorney(s) appearing for the Case

Gus Milides, Easton, PA, Norman Seidel, Laub, Seidel, Cohen & Hof, Easton, PA, Stephen J. Meyers, Seidel, Gonda, Lavorgna & Monaco, P.C., Philadelphia, PA, Ronald N. Weikers, Seidel, Gonda, Lavorgna and Monaco, Philadelphia, PA, Arthur H. Seidel, Drinker Biddle & Reath LLP, Philadelphia, PA, for A & H Sportswear, Inc., Mainstream Swimsuits, Inc.

Frank J. Colucci, Colucci & Umans, New York, NY, H. Robert Fiebach, Cozen and O'Connor, Philadelphia, PA, Richard P. Jacobson, Colucci and Unams, New York, NY, for Victoria's Secret Stores, Inc., Victoria's Secret Catalogue, Inc.

DECISION AND ORDER

VAN ANTWERPEN, District Judge.

For nearly seven years this trademark dispute has moved back and forth between this Court and the Third Circuit Court of Appeals. As a result of the most recent partial remand from the Third Circuit Court of Appeals, we again find ourselves weighing in on the issues dividing these parties.

I. BACKGROUND

We begin with a brief review of...

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