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WARNERVISION ENTERTAINMENT INC. v. EMPIRE OF CAROLINA INC.

No. 95 Civ. 9386 (HB).

915 F.Supp. 639 (1996)

WARNERVISION ENTERTAINMENT INC., Plaintiff, v. EMPIRE OF CAROLINA INC., Empire Industries Inc. and Empire Manufacturing Inc. (formerly Buddy L Inc.), Defendants.

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

February 12, 1996.

Attorney(s) appearing for the Case

Robert C. Faber, Charles P. LaPolla, Ostrolenk, Faber, Gerb & Soffen, LLP, New York City, for plaintiff.

Charles A. Laff, Judith L. Grubner, Laff, Whitesel, Conte & Saret, Ltd., Chicago, IL, Alexandra D. Malatestinic, Darby & Darby P.C., New York City, for defendants.

OPINION AND ORDER

BAER, District Judge:

Plaintiff has moved by Order to Show Cause for a preliminary injunction and recall order barring defendants from marketing toy vehicles under the unregistered trademark REAL WHEELS and related trade dress. Defendants have similarly moved for a preliminary injunction barring plaintiff's use of the REAL WHEELS mark and trade dress in the toy vehicle market. For the reasons that follow, plaintiff's motion is granted...

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