Kiki Undies Corporation v. Alexander's Department Stores, Inc.

MOORE, Circuit Judge:

Plaintiff, Kiki Undies Corporation (Kiki), appeals from an order granting defendant’s, Alexander’s Department Stores, Inc. (Alexander’s), motion for summary judgment in its favor and dismissing plaintiff’s complaint and action.

In its complaint, plaintiff alleged that it manufactures and sells ladies’ intimate apparel, including undergarments and panties; that it is the owner of the registered trademarks “Kiki,” “Kiki Magic,” “Kiki Control” and “Kiki Satin-ette”; that its products bear its trademark “Kiki” or one of the other marks; that defendant has adopted and is using…