International Biotical Corp. v. Federated Department Stores, Inc.

ZAVATT, Chief Judge.

The plaintiff herein, International Biotical Corp., (hereinafter International), alleging design patent infringement and unfair competition by the defendant, Federated Department Stores, Inc. (hereinafter Federated), seeks an injunction, damages, an accounting for profits, costs and reasonable attorneys’ fees and the surrender for destruction of all the allegedly infringing materials. The case is now before this court on International’s motion, pursuant to Rule 65 of the Federal Rules of Civil Procedure, for a preliminary injunction pending the final hearing and…