Legal Opinion
Sweater Bee by Banff, Ltd. v. Manhattan Industries, Inc. And Bayard Shirt Corporation, and Don Sophisticates, Inc. And Herbert Rounick
Court of Appeals for the Second Circuit
Decided February 6, 1985No. 477, Docket 84-7755PublishedCited by 111 opinions
1Opinion of the Court
OAKES, Circuit Judge:
Sweater Bee by Banff, Ltd. (“Sweater Bee”), and the Manhattan Industries, Inc., defendants (“Manhattan”) have been in litigation over the trademark “Kimberly” on women’s apparel practically since the day that the former owner of that mark formally abandoned it. The litigation first reached this court in Manhattan Industries, Inc. v. Sweater Bee by Banff, Ltd., 627 F.2d 628 (2d Cir.1980). There the court gave both sides the right to the use of the Kimberly mark, provided that the labels were sufficiently distinct so as to permit purchasers of high quality women’s clothing…
2Cases cited34 opinions
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
- Fed. Sec. L. Rep. P 95,614 the Exchange National Bank of Chicago v. Touche Ross & Co.Court of Appeals for the Second Circuit · 1976
29 more not listed; retrieve them via the Exa API.
3Cited by111 opinions
- The State of New York v. Shore Realty Corp. And Donald LeograndeCourt of Appeals for the Second Circuit · 1985
- Doctor's Associates, Inc. v. Emily DistajoCourt of Appeals for the Second Circuit · 1997
- Fed. Sec. L. Rep. P 92,406 R. Stockton Rush, III v. Oppenheimer & Co., and Scott SeskisCourt of Appeals for the Second Circuit · 1985
- Leadertex, Inc. v. Morganton Dyeing & Finishing Corp.Court of Appeals for the Second Circuit · 1995
- St. Mary's Medical Center of Evansville, Incorporated v. Disco Aluminum Products Company, Incorporated, N/k/a Luminar Products, IncorporatedCourt of Appeals for the Seventh Circuit · 1992
106 more not listed; retrieve them via the Exa API.