FRITO-LAY, INC. v. BACHMAN CO.

No. 83 Civ. 4484 (MGC).

704 F.Supp. 432 (1989)

FRITO-LAY, INC., Plaintiff, v. The BACHMAN COMPANY, Defendant.

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

January 13, 1989.


Attorney(s) appearing for the Case

Pattishall, McCauliffe, Newbury, Hilliard & Geraldson, Chicago, Ill. by David C. Hilliard, Mark V.B. Partridge, Cahill Gordon & Reindel, New York City, by Thomas F. Curnin, David S. Smith, for plaintiff.

Eikenberry Futterman & Herbert, New York City by Peter G. Eikenberry, Paul R. Levenson, for defendant.


OPINION AND ORDER

CEDARBAUM, District Judge.

This suit involves the alleged infringement of Frito-Lay's registered "Ruffles" trademark and its unregistered Ruffles trade dress. Frito-Lay claims that the Bachman Company, by marketing "ruffled" potato chips, has infringed the Ruffles trademark under the Lanham Act and New York law (Count III of the amended complaint), and has violated New York's anti-dilution statute (Count II). Frito-Lay also claims that...

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