Forstmann Woolen Co. v. Alexander's Department Stores., Inc.

LEIBELL, District Judge.

Plaintiff brings this action against defendant claiming that the defendant has infringed plaintiff’s registered trademark and plaintiff’s copyrighted label and has unfairly competed with plaintiff by using plaintiff’s trademark and label in advertising coats and women’s wear made of plaintiff’s woolen and worsted fabrics. Plaintiff seeks an injunction, an accounting, damages and the destruction of plaintiff’s labels in defendant’s possession.

Defendant’s answer admits that on several occasions it advertised garments made of Forstmann woolens and that it sold goods and…