Kiki Undies Corp., and Cross-Appellee v. Promenade Hosiery Mills, Inc., and Cross-Appellant

ANDERSON, Circuit Judge:

This action was brought on March 15, 1966, by Kiki Undies Corp. against Promenade Hosiery Mills, Inc. for trade-mark infringement under the Lanham Act, 15 U.S.C. § 1051 et seq., and unfair competition. On March 23, 1966, the plaintiff moved for summary judgment or, in the alternative, for a preliminary injunction, and on November 22, 1966, the district court entered an order denying the motions. 1 After trial the court entered judgment in which it dismissed both the plaintiff’s complaint and prayer for an injunction against use of its Kiki trademark by the defendant…