A & H Sportswear Co. v. Victoria's Secret Stores, Inc.
District Court, E.D. Pennsylvania
1Opinion of the Court
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 the tortured history of this case. In the initial trial, we found that the use of THE MIRACLE BRA as applied to lingerie did not create a likelihood of confusion, but there was a possibility of confusion when the…
2Cases cited57 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Opticians Ass'n of America v. Independent Opticians of AmericaCourt of Appeals for the Third Circuit · 1990
- A&h Sportswear, Inc Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, IncCourt of Appeals for the Third Circuit · 2000
- Universal Money Centers, Inc. v. American Telephone & Telegraph Co., and Universal BankCourt of Appeals for the Tenth Circuit · 1994
- Boston Athletic Association v. Mark Sullivan, Etc.Court of Appeals for the First Circuit · 1989
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3Cited by6 opinions
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- Zurco, Inc. v. Sloan Valve Co.District Court, W.D. Pennsylvania · 2011
- Fancaster, Inc. v. Comcast Corp.District Court, D. New Jersey · 2011
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