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DELLA PALMA ICE CREAM OF ROME v. CAFFE DELLE PALME

No. 85 CV 1273.

623 F.Supp. 138 (1985)

DELLA PALMA ICE CREAM OF ROME, INC., Plaintiff, v. CAFFE DELLE PALME and John Does 1 and 2, Defendants.

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

May 10, 1985.

Attorney(s) appearing for the Case

Fish & Neave, New York City by Herbert F. Schwartz, and Susan Progoff, for plaintiff.

John Santospirito, Long Island City, N.Y., for defendants.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

This is an action under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and under the common law of the State of New York for trademark infringement and unfair competition. Plaintiff, which operates restaurants and gelaterias using the name CAFE DELLA PALMA and a distinctive palm tree design, seeks a preliminary injunction prohibiting defendants from...

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