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RALSTON PURINA COMPANY v. THOMAS J. LIPTON, INC.

No. 71 Civ. 3840.

341 F.Supp. 129 (1972)

RALSTON PURINA COMPANY, Plaintiff, v. THOMAS J. LIPTON, INC. and Lipton Pet Foods, Inc., Defendants.

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

May 1, 1972.

Attorney(s) appearing for the Case

Weil, Lee & Bergin, New York City, for plaintiff; Alfred T. Lee, New York City, of counsel.

Cravath, Swaine & Moore, New York City, for defendants; Harold R. Medina, Jr. and March Coleman, New York City, of counsel.

METZNER, District Judge:

Plaintiff Ralston Purina Company [Purina] moves pursuant to Rule 65, Fed.R.Civ.P., for a preliminary injunction restraining further use by defendant Thomas J. Lipton, Inc. [Lipton] of the name Tender Dinners as a trademark for cat food manufactured and sold by Lipton. In the alternative, Purina moves pursuant to Rule 56, Fed.R.Civ. P., for summary judgment and a permanent injunction. Jurisdiction is based on diversity of citizenship.

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