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ZINO DAVIDOFF SA v. CVS CORP.

Docket No. 07-2872-cv.

571 F.3d 238 (2009)

ZINO DAVIDOFF SA, Plaintiff-Appellee, v. CVS CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 19, 2009.

Amended: June 30, 2009.

Attorney(s) appearing for the Case

Lis Pearson (Christopher Lick, on the brief; Adam H. Charnes and W. Andrew Pequignot, of counsel), Kilpatrick Stockton LLP, New York, NY, for Plaintiff-Appellee.

Megan Muoi (Nicholas Fortuna, on the brief), Allyn & Fortuna LLP, New York, NY, for Defendant-Appellant.

Before: LEVAL, KATZMANN, and LIVINGSTON, Circuit Judges.

LEVAL, Circuit Judge:

Defendant CVS Corporation, a retail drugstore chain, appeals from the order of the United States District Court for the Southern District of New York (Karas, J.), granting to plaintiff Zino Davidoff SA ("Davidoff"), a Swiss corporation, a preliminary injunction which enjoined CVS from dealing in any way in trademarked goods of the plaintiff with Davidoff's unique production code ("UPC") removed.1 The district...

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