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PATSY'S BRAND, INC. v. I.O.B. REALTY, INC.

Docket Nos. 01-9195, 01-9247(L), 01-9257(CON).

317 F.3d 209 (2003)

PATSY'S BRAND, INC., Plaintiff-Appellee, v. I.O.B. REALTY, INC., Defendant-Cross-Defendant-Appellant, Patsy's Inc., Frank Brija, John Brecevich, Defendants-Appellants. Patsy's Brand, Inc., Plaintiff-Appellee, v. Andrew Spinnell, Esq., Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 16, 2003.

Attorney(s) appearing for the Case

Thomas I. Sheridan, III, New York, N.Y. (David Sack, Torys LLP, New York, N.Y., on the brief), for Defendant-Cross-Defendant-Appellant I.O.B. Realty, Inc., and Defendants-Appellants Patsy's, Inc., Brija, and Brecevich.

Andrew J. Spinnell, New York, N.Y., for Appellant.

Norman H. Zivin and Robert T. Maldonado, New York, N.Y. (Cooper & Dunham LLP, New York, N.Y., on the brief), for Plaintiff-Appellee Patsy's Brand, Inc.

Before: NEWMAN and F.I. PARKER, Circuit Judges; and UNDERHILL, District Judge.

JON O. NEWMAN, Circuit Judge.

This appeal concerns trademark issues arising in a dispute between two New York City restaurants that for decades have operated under similar names and have recently begun selling jars of pasta sauce with similar labels. Defendants-Appellants Patsy's Inc., I.O.B. Realty Inc. ("I.O.B."), Frank Brija, and John Brecevich appeal from the April 18, 2001, judgment and the October 4, 2001, amended judgment of the District Court for the Southern...

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