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TETLEY, INC. v. TOPPS CHEWING GUM, INC.

No. CV-82-3722.

556 F.Supp. 785 (1983)

TETLEY, INC., Plaintiff, v. TOPPS CHEWING GUM, INC., Defendant.

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

February 17, 1983.

Attorney(s) appearing for the Case

Albert Robin, New York City, for plaintiff.

Colvin, Miskin, Basseches & Mandelbaum and Shea & Gould by Mark T. Basseches and Jeffrey H. Squire, New York City, for defendant.

MEMORANDUM AND ORDER

SIFTON, District Judge.

Plaintiff, Tetley, Inc., commenced this action asserting federal and pendent state statutory and common law claims, alleging that it has been damaged by defendant's distribution and sale of gummed stickers, known as "Wacky Packages" or "Wacky Packs," which satirically depict the retail packages of various mass-marketed commercial products. Plaintiff is a seller of a variety of beverage products under the trademarks...

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