MARTIN ICE CREAM CO. v. CHIPWICH, INC.

No. 82 Civ. 1621 (GLG).

554 F.Supp. 933 (1983)

MARTIN ICE CREAM CO., Plaintiff, v. CHIPWICH, INC., and Premium Products Sales Corporation, Defendants.

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

January 7, 1983.


Attorney(s) appearing for the Case

Thal & Youtt, New York City, for plaintiff; Steven H. Thal, New York City, of counsel.

Pavia & Harcourt, New York City, for defendant Chipwich; Frances B. Bernstein, David A. Botwinik, New York City, of counsel.

Donovan, Leisure, Newton & Irvine, and Warshavsky, Hoffman & Cohen, P.C., New York City, for defendant Premium Products Sales Corp.; Sanford M. Litvack, Doris K. Shaw, Kevin J. Walsh, James B. McKinney, Jr., New York City, of counsel.


OPINION

GOETTEL, District Judge:

Plaintiff Martin Ice Cream Co. ("Martin"), a distributor of ice cream products, brings suit against defendant Chipwich, Inc. ("Chipwich"), the primary manufacturer of the chocolate-chip-cookie-ice-cream-sandwich known as the Chipwich (hereinafter designated the "C-wich" to distinguish it from its manufacturer), and defendant Premium Products Sales Corporation ("Premium"), Chipwich's former exclusive sales agent, for allegedly...

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