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BIGSTAR ENTERTAINMENT, INC. v. NEXT BIG STAR, INC.

No. 00 Civ. 0911 VM.

105 F.Supp.2d 185 (2000)

BIGSTAR ENTERTAINMENT, INC., Plaintiff, v. NEXT BIG STAR, INC., Next Big Star L.L.C., Victory Entertainment Corporation and Michael H. Gerber, Defendants.

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

April 17, 2000.

Attorney(s) appearing for the Case

Jeffrey A. Conciatori, Lisa T. Simpson, Orrick, Herrington & Sutcliffe, L.L.P., New York, NY, for Plaintiff.

Steven J. Stein, Kay, Collier et ano., New York, NY, for Defendants.

DECISION AND ORDER

MARRERO, District Judge.

BigStar Entertainment, Inc. ("BigStar"), plaintiff in this action for a preliminary injunction, seeks to restrain Next Big Star, Inc. and related defendants (collectively, "Next Big Star") from using a name that plaintiff contends infringes on BigStar's prior trademark rights. BigStar's business for over two years has been principally the sale of videos, offered along with

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