UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
May 15, 1979
VICTOR LALLI ENTERPRISES, INC., APPELLEE,
ROBERT LALLI ENTERPRISES, INC., ROBERT M. LALLI, AND WALTER LUX D/B/A ROCHELLE PRESS, APPELLANTS.
Appeal from the United States District Court for the Southern District of New York, Marvin E. Frankel, Judge.
Present: Hon. James L. Oakes, Hon. Murray I. Gurfein, Circuit Judges. Hon. Lawrence W. Pierce, District Judge.
This cause came on to be heard on the transcript record from the United States District Court for the Southern District of New York and was argued by counsel.
We believe that Judge Frankel correctly concluded that Mrs. Walker, the trademark owner, did not intend to abandon her trademark, see Baglin v. Cusenier Co., 221 U.S. 580, 597-98 (1911); that the "unclean hands" doctrine is inapplicable, 4 Callman, Unfair Competition, Trademarks and Monopolies § 87.1(b)(3) & (5) (3d ed. 1970); and that, based on the United States Magistrate's report, appellant Lux is properly enjoined.
Therefore, it is now hereby ordered, adjudged, and decreed that the judgment is affirmed on the unpublished opinion of Judge Frankel below.
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