Court of Appeals for the Second Circuit April 10, 2001, Docket 00-9077 (The New Kayak Pool Corporation v. R&p Pools, Inc., Doing Business as Island Pools, Richard A. Gerspach and Paul J. Gerspach)

OAKES, Senior Circuit Judge:

The New Kayak Pool Corporation (“Kayak”) moved for a preliminary injunction against R & P Pools, Inc. and two individual defendants (collectively “Island Pools”), alleging trademark infringement. The United States District Court for the Western District of New York, John T.