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NABISCO, INC. v. PF BRANDS, INC.

No. 99-7149.

191 F.3d 208 (1999)

NABISCO, INC. and Nabisco Brands Company, Plaintiffs-Counter-Defendants-Appellants, v. PF BRANDS, INC. and Pepperidge Farm, Inc., Defendants-Counter-Claimants-Appellees,

United States Court of Appeals, Second Circuit.

Decided: August 31, 1999.

Attorney(s) appearing for the Case

Marie V. Driscoll, New York, N.Y. (Robert A. Becker and Ronald E. Wiggins, Fross, Zelnick, Lehrman & Zissu, P.C., New York, N.Y., James B. Swire, Sandra Edelman and Bruce R. Ewing, Dorsey & Whitney LLP, New York, N.Y., On the Brief, Steven H. Hartman, Parsippany, N.J., Of Counsel), for Plaintiffs-Counter-Defendants-Appellants.

Floyd Abrams, New York, N.Y. (Jennifer Barrett and Elai Katz, Cahill Gordon & Reindel, New York, N.Y., Ethan Horwitz and Ira J. Levy, Darby & Darby, P.C., New York, N.Y., Of Counsel), for Defendants-Counter-Claimants-Appellees.

Before: LEVAL and SACK, Circuit Judges, and MORAN, District Judge.

LEVAL, Circuit Judge:

Nabisco, Inc. and Nabisco Brands Company (collectively "Nabisco") appeal from the preliminary injunction entered by the United States District Court for the Southern District of New York (Shira A. Scheindlin, District Judge) upon the motion of Pepperidge Farm, Inc. and PF Brands, Inc. (collectively "Pepperidge Farm" or "Pepperidge"). The district court found that Nabisco's use of an orange, bite-sized, cheddar cheese-flavored, goldfish...

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