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BUITONI FOODS CORP. v. GIO. BUTON & C. S.p.A.

Nos. 1064, 1065, Dockets 81-7887, 82-7049.

680 F.2d 290 (1982)

BUITONI FOODS CORPORATION, Plaintiff-Appellee-Cross-Appellant, v. GIO. BUTON & C. S.p.A., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 24, 1982.

Attorney(s) appearing for the Case

G. Franklin Rothwell, Bernard, Rothwell & Brown, Washington, D. C., for defendant-appellant-cross-appellee.

Guy W. Shoup, Wyatt, Gerber, Shoup, Scobey & Badie, New York City (Eliot S. Gerber, New York City, of counsel), for plaintiff-appellee-cross-appellant.

Before OAKES, CARDAMONE, and WINTER, Circuit Judges.

PER CURIAM:

This appeal from a judgment of the United States District Court for the Eastern District of New York, Thomas C. Platt, Jr., Judge, involves a trademark infringement claim by Gio. Buton & C. S.p.A. (Buton), an Italian producer of brandies, liqueurs, and aperitif wines, against Buitoni Foods Corporation (Buitoni), a producer of Italian-style foods. Buton has exported vermouth and VECCHIA ROMAGNA brandy to the United States since 1961, and ROSSO ANTICO...

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