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FREDERICK WARNE & CO., INC. v. BOOK SALES INC.

No. 78 Civ. 2375.

481 F.Supp. 1191 (1979)

FREDERICK WARNE & CO., INC., Plaintiff, v. BOOK SALES INC., Defendant.

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

December 19, 1979.

Attorney(s) appearing for the Case

Curtis, Morris & Safford, New York City, for plaintiff by Pasquale A. Razzano, New York City.

Gottlieb, Rackman & Reisman, New York City, for defendant by George Gottlieb, New York City.

OPINION ON MOTIONS FOR SUMMARY JUDGMENT

SOFAER, District Judge.

Frederick Warne & Co., Inc. ("Warne"), brings this trademark infringement action against Book Sales, Inc. ("BSI") under Sections 32(1) and 43(a) of the Lanham Act, 15 U.S.C. § 1114(1) and § 1125(a) respectively, as well as under the New York Anti-Dilution Statute, General Business Law § 368-d. The case is before the court on cross motions for summary judgment filed pursuant...

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