Bernell v. Betsy & Adam, Ltd.

ORDER

JED S. RAKOFF, District Judge.

Plaintiff has moved by order to show cause for a preliminary injunction enjoining defendants from using plaintiffs name and for a recall of defendants’ allegedly infringing garments. The parties have now, on consent, entered into a stipulated preliminary injunction, which has been docketed separately, forbidding any future use of the plaintiffs name, thus obviating the need for the Court to rule on the first request. As to the requested recall, the Court ruled at oral argument that plaintiff had not satisfied the showings required under the Lanham Act to…