JON DEVLIN DANCERCISE, INC. v. DANCERSIZE, INC.

No. 81 Civ. 4064(MP)

525 F.Supp. 973 (1981)

JON DEVLIN DANCERCISE, INC., Plaintiff, v. DANCERSIZE, INC. and Carol Hensel, Defendants.

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

July 13, 1981.


Attorney(s) appearing for the Case

Curtis, Morris & Safford, New York City, for plaintiff; Lee C. Robinson, Jr., New York City, of counsel.

Squire, Sanders & Dempsey, Cleveland, Ohio, for defendant Dancersize, Inc.; James P. O'Shaughnessy and Lawrence Lighter, Cleveland, Ohio, of counsel.


MILTON POLLACK, District Judge.

This case asserts claims for infringement of the trade name and mark "DANCERCISE" individually and in combination with Jon Devlin's name, the originator of "DANCERCISE" and its concepts. The subject matter is a dance exercise concept.

The plaintiff is moving for a preliminary injunction. The Court has jurisdiction of the subject matter.

The plaintiff is the owner of "DANCERCISE." It has been using and commercially exploiting...

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