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TAYLOR WINE CO., INC. v. BULLY HILL VINEYARDS, INC.

No. 272, Docket 78-7272.

590 F.2d 701 (1978)

The TAYLOR WINE COMPANY, INC., Plaintiff-Appellee, v. BULLY HILL VINEYARDS, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 29, 1978.

Attorney(s) appearing for the Case

James M. Hartman, Rochester, N. Y. (Harris, Beach, Wilcox, Rubin & Levey, Rochester, N. Y., of counsel), for defendant-appellant.

John Stuart Smith, Rochester, N. Y. (Frank H. Penski, Nixon, Hargrave, Devans & Doyle, Rochester, N. Y., of counsel), for plaintiff-appellee.

Before TIMBERS and MESKILL, Circuit Judges, and DOOLING, District Judge.

PER CURIAM:

We are again called upon to consider the restrictiveness of a preliminary injunction against the use by Bully Hill Vineyards, Inc. ("Bully Hill") of the "Taylor" name or any colorable imitation thereof as a trademark in the merchandising of Bully Hill wines, pending the outcome of the Taylor Wine Company's trademark infringement and unfair competition lawsuit against Bully Hill. Bully Hill is owned by Walter S. Taylor, who, although he is the grandson...

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