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R. J. REYNOLDS TOBACCO CO. v. LOEW'S THEATRES, INC.

No. 80 Civ. 4197 (RWS).

511 F.Supp. 867 (1980)

R. J. REYNOLDS TOBACCO COMPANY, Plaintiff, v. LOEW'S THEATRES, INC. d.b.a. Lorillard and/or Lorillard U. S. A., Defendant.

United States District Court, S. D. New York.

October 24, 1980.

Attorney(s) appearing for the Case

Cooper, Dunham, Clark, Griffin & Moran, New York City, for plaintiff; Gerald W. Griffin, R. Bradlee Boal, Norman H. Zivin, Milton Springut, New York City, of counsel.

Weil, Gotshal & Manges, New York City, for defendant; Robert G. Sugarman, Helene D. Jaffe, Jerome C. Pontillo, Surie Rudoff, New York City, of counsel.

OPINION

SWEET, District Judge.

Plaintiff R. J. Reynolds Tobacco Co. ("Reynolds") filed an action in this court alleging a violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a),1 as well as a state law tort committed by defendant Loew's Theatres, Inc., doing business as Lorillard ("Lorillard"). Reynolds' complaint charges that Lorillard has caused to be published, in various print media, comparative advertising...

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