![]() Toys sells children's clothing, including crib sets, dresses, sleepwear, outerwear, coats, footwear, jackets, hosiery, jeans, sunsuits, sweatsuits, robes, hats, gloves and snowsuits. The apparel sold by Toys is intended for both boys and girls from infancy through the pre-teen years. At least seven of the Toys "R" Us stores in Brooklyn, Long Island and Staten Island were in operation in July 1977. In addition to the two Brooklyn stores, Toys currently owns and operates seven stores in Nassau and Suffolk Counties, a store in Queens and a store in Staten Island. That store is located at 6873-95 Bay Parkway. In late 1982, Toys opened a second store in Brooklyn, New York. The Flatbush Avenue store has been in continuous operation since it opened. That store is located adjacent to the Kings Plaza Shopping Center at Flatbush Avenue and the Belt Parkway. On November 15, 1975, Toys opened its first store in Brooklyn, New York. Toys owns and operates approximately 144 retail stores across the United States, including 15 stores located in the State of New York. These goods are carried by each one of Toys' stores including those stores located within the State of New York. Toys also sells juvenile furniture, lamps, sporting equipment, linens, books, school supplies, electronic games and children's clothing Toys is the largest retailer of children's disposable diapers in the United States. Since in or about 1960, Toys (and its predecessors in interest) has been engaged in the commercial promotion and sale of toys throughout the United States. The basic facts involved here are largely undisputed, see Stipulated Facts, and are as follows. For the reasons that follow, the relief sought by the plaintiff is granted, and the relief sought by the defendants is denied. On the basis of the bench trial subsequently held before me, the following represent my findings of fact and conclusions of law. This Court, per agreement of the parties, entered an order enjoining and restraining the plaintiff from opening stores or using the Kids "R" Us name and mark, pending trial of this action (which was consolidated with the motions for preliminary injunctions pursuant to Rule 65(a) (2)). Defendants cross-moved for a preliminary injunction at that time. Plaintiff made an application, by order to show cause, for a preliminary injunction on December 21, 1982. Kids seeks an injunction restraining Toys from carrying out plans to utilize the mark Kids "R" Us in connection with the sale of children's clothing. ![]() Kids in response has entered a counterclaim, also alleging trademark infringement, unfair competition, and violation of the New York anti-dilution statute. Toys seeks a permanent injunction restraining defendants from using the mark Kids `r' Us. ("Toys") against defendants Canarsie Kiddie Shop, Inc., d/b/a Kids `r' Us ("Kids") *1193 and Abe Pomeranc. This is an action for trademark infringement, unfair competition, and violation of the New York anti-dilution statute, instituted by plaintiff Toys "R" Us, Inc. Morril & Paul, New York City, for defendants. *1190 *1191 *1192 Shea & Gould, McAulay, Fields, Fisher, Goldstein & Nissen, New York City, for plaintiff. CANARSIE KIDDIE SHOP, INC., d/b/a Kids "R" Us, and Abe Pomerantz, Defendants.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |