Legal Opinion
Aerogroup International, Inc. v. Shoe Show, Inc.
District Court, W.D. New York
Decided June 13, 1997No. 6:95-cv-06583PublishedCited by 1 opinion
1Opinion of the Court
DECISION AND ORDER
LARIMER, Chief Judge.
BACKGROUND
This is a trade dress, trade mark and patent infringement case. Plaintiff Aero-group makes women’s shoes including women’s casual sandals, using the brand name AEROSOLES.® Defendants The Shoe Show Inc. and The Shoe Show of Rocky Mount, Inc. (Shoe Show) are discount retailers of women’s shoes.
This suit was filed November 20, 1995. Aerogroup’s claims arise out of the sale, by Shoe Show, of women’s “Air Twist” brand sandals, which are “knock offs” (ie., imitations) of a particular model of AERO-SOLES® sandals. Aerogroup alleges that by selling Air…
2Cases cited22 opinions
- Montana v. United StatesSupreme Court of the United States · 1979
- Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
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3Cited by1 opinion
- Whimsicality, Inc. v. BattatDistrict Court, S.D. New York · 1998