Estee Lauder Inc., Plaintiff-Counter-Defendant-Appellee v. The Gap, Inc. D/B/A Old Navy Clothing Company, Defendant-Counterclaimant-Appellant
Court of Appeals for the Second Circuit
1Opinion of the Court
KEARSE, Circuit Judge:
Defendant The Gap, Inc. d/b/a Old Navy Clothing Company (“Gap”), appeals from a final judgment of the United States District Court for the Southern District of New York, Lewis A. Kaplan, Judge, permanently enjoining Gap from using the term “100%” alone or with other terms as a trademark in connection with the manufacture, promotion, or distribution of its personal care products and bathroom furnishings and implements. The district court found that Gap’s use of terms such as “100% BODY CARE” on its products was likely to cause consumers to confuse Gap’s products with a…
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