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COMMERCE FOODS, INC. v. PLC COMMERCE CORP.

No. 80 Civ. 4340 (CBM).

504 F.Supp. 190 (1980)

COMMERCE FOODS, INC., Plaintiff, v. PLC COMMERCE CORPORATION, Pan Ander Corporation, Robert G. Anderson and Ming-Fang Pan, Defendants.

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

October 24, 1980.

Attorney(s) appearing for the Case

Pennie & Edmonds by David Weild, III, Rory J. Radding, Robert M. Kunstadt, New York City, for plaintiff.

Auslander, Thomas & Morrison by M. Arthur Auslander, New York City, Mattern, Ware, Davis & Stoltz by Robert H. Ware, Melvin I. Stoltz, Alfred A. Fressola, F. Eugene Davis, IV, Bridgeport, Conn., for defendants.

Memorandum Opinion

MOTLEY, District Judge.

Plaintiff Commerce Foods, Inc. (Commerce) brought this action against PLC Commerce Corporation (PLC), Pan Ander Corporation, Robert G. Anderson and Ming-Fang Pan, for false designation under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), for unfair competition under §§ 133 and 368 of the New York General Business Law, and for infringement of Commerce's common law trademark rights. Commerce...

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