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OMEGA ENGINEERING, INC. v. OMEGA, S.A.

Docket No. 04-5084-CV.

432 F.3d 437 (2005)

OMEGA ENGINEERING, INC., Plaintiff-Appellee, v. OMEGA, S.A., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 21, 2005.

Attorney(s) appearing for the Case

Matthew C. Wagner, Ossining, New York (Jess M. Collen, Collen IP, Ossining, New York, of counsel), for Defendant-Appellant.

Thomas A. Smart, New York, New York (Paul C. Llewellyn, Michelle Tepper, Kaye Scholer LLP, New York, New York, of counsel), for Plaintiff-Appellee.

Before: FEINBERG, CARDAMONE, and SACK, Circuit Judges.

CARDAMONE, Circuit Judge.

On this appeal we revisit the field of settlement agreements and their enforcement. It is an area of the law well worked over the years. But because the rules governing it have not recently been set out, we think it helpful to write again on this topic. This case presents a new chapter in a long-running trademark dispute between defendant Omega, S.A. (OSA) and plaintiff Omega Engineering, Inc. (Omega Engineering). Omega Engineering seeks...

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