[Download] "Sportswear v. Victorias Secret Stores Inc." by Third Circuit U.S. Court Of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Sportswear v. Victorias Secret Stores Inc.
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 21, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
Presently pending before the en banc court in this trademark infringement action is the appeal (No. 97-1541) of Victorias Secret Stores, Inc. ("VS Stores") and Victorias Secret Catalogue, Inc. ("VS Catalogue") (together "VS"), a well-known manufacturer of lingerie and now swimwear, from the order of the District Court that found VS had violated the Lanham Act. This trademark infringement action had been filed by appellee A&H Sportswear ("A&H") and its affiliate, Mainstream Swimsuit, Inc., (together "A&H") challenging VSs use of the trademark THE MIRACLE BRA on lingerie and swimwear. The District Court found that VS did not infringe A&Hs trademark by its use of THE MIRACLE BRA on lingerie. However, the District Court did find infringement by VS on the ground that its use of THE MIRACLE BRA on swimwear created a "possibility of confusion" with A&Hs MIRACLESUIT swimsuit. It thus ordered VS to publish a disclaimer when marketing THE MIRACLE BRA swimwear and to pay past and future royalty fees to A&H.
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