Opinions of the United 1999 Decisions States Court of Appeals for the Third Circuit

2-24-1999

A&H Sportswear Inc v. Victorias Secret Precedential or Non-Precedential:

Docket 97-1541

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Recommended Citation "A&H Sportswear Inc v. Victorias Secret" (1999). 1999 Decisions. Paper 48. http://digitalcommons.law.villanova.edu/thirdcircuit_1999/48

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 1999 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact [email protected]. Filed February 24, 1999

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 97-1541

A&H SPORTSWEAR INC.; MAINSTREAM SWIMSUITS, INC.

v.

VICTORIA'S SECRET STORES, INC.; VICTORIA'S SECRET CATALOGUE, INC. Appellants

On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. No. 94-cv-07408) (District Judge: Hon. Franklin S. VanAntwerpen)

Argued May 19, 1998

Before: SLOVITER, GREENBERG and GIBSON,* Circuit Judges

Submitted en banc December 14, 1998

Before: BECKER, Chief Judge, SLOVITER, STAPLETON, MANSMANN, GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH, LEWIS, MCKEE, and RENDELL Circuit Judges

ORDER AMENDING OPINION

It is ordered that the slip opinion in the above case, filed on January 21, 1999 be amended as follows: _________________________________________________________________

* Hon. John R. Gibson, United States Senior Circuit Judge for the United States Court of Appeals for the Eighth Circuit, sitting by designation. Page 2, that the opinion be amended to reflect the fact that Mr. Snyder is actually affiliated with Seidel, Gonda, Lavorgna & Monaco:

Michael F. Snyder Seidel, Gonda, Lavorgna & Monaco Philadelphia, PA 19102

Page 6, lines 13-16, the sentence be amended to read:

In February 1995, the Patent and Trademark Office (PTO) refused the registration on the basis of A&H's prior registration of the MIRACLESUIT. FF 31.

By the Court,

/s/ Dolores K. Sloviter Circuit Judge

Dated: 24 February 1999

A True Copy: Teste:

Clerk of the United States Court of Appeals for the Third Circuit

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