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

No. 296, Docket 77-7441.

569 F.2d 731 (1978)

TAYLOR WINE COMPANY, INC., Appellee, v. BULLY HILL VINEYARDS, INC., Appellant.

United States Court of Appeals, Second Circuit.

Decided January 3, 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 and Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., of counsel), for plaintiff-appellee.

Before HAYS, GURFEIN and MESKILL, Circuit Judges.

GURFEIN, Circuit Judge:

Bully Hill Vineyards, Inc. appeals from a preliminary injunction order issued by the U.S. District Court of the Western District of New York, Burke, J., on August 10, 1977, enjoining it from using and infringing the trademarks owned by the plaintiff, the Taylor Wine Company, Inc., and from engaging in acts of unfair competition. There was no trial below. The injunction was granted on findings of fact and conclusions of law based upon the affidavits...

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