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WESTERN PUB. CO., INC. v. ROSE ART INDUSTRIES, INC.

No. 1423, Docket 90-7291.

910 F.2d 57 (1990)

WESTERN PUBLISHING COMPANY, INC., Plaintiff-Appellant, v. ROSE ART INDUSTRIES, INC., Lawrence Rosen and Jeffrey Rosen, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 31, 1990.

Attorney(s) appearing for the Case

Neil M. Zipkin, New York City (Ira E. Silfin, Amster, Rothstein and Ebenstein, New York City, of counsel), for appellant.

Robert L. Epstein, New York City (Harold James, James & Franklin, New York City, of counsel), for appellees.

Before FEINBERG, MESKILL and WINTER, Circuit Judges.

MESKILL, Circuit Judge:

This is an expedited appeal, pursuant to 28 U.S.C. § 1292(a)(1), from an order of the United States District Court for the Southern District of New York, Owen, J., denying plaintiff-appellant Western Publishing Company's motion for a preliminary injunction under the Lanham Trademark Act (Lanham Act), 15 U.S.C. § 1051 et seq., and lifting a previously issued ex parte order temporarily restraining defendant-appellee...

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