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DALOW INDUSTRIES, INC. v. JORDACHE ENTERPRISES, INC.

No. 83 Civ. 3780.

631 F.Supp. 779 (1986)

DALOW INDUSTRIES, INC., Plaintiff, v. JORDACHE ENTERPRISES, INC., Rolo Manufacturing Co., Inc., and Glenn-Mitchell Associates, Inc., Defendants.

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

April 7, 1986.

Attorney(s) appearing for the Case

Burton L. Lilling, Lilling & Greenspan, White Plains, N.Y., for plaintiff.

Robert A. Spiegelman, New York City, for defendant Jordache Jewelry.

Charles L. Kramer, McLaughlin, Stern, Ballen & Ballen, New York City, for defendant Rolo Mfg. Co.

Frank Russell, Deer Park, N.Y., for defendant Glenn-Mitchell Associates, Inc.

WHITMAN KNAPP, District Judge.

Defendants Rolo Manufacturing Company ("Rolo") and Glenn-Mitchell Associates, Inc. ("Glenn-Mitchell") move to dismiss the complaint on the ground that the issues there presented have been resolved in their favor by a prior proceeding. For reasons which follow, we deny the motion.

Background

Plaintiff Dalow Industries, Inc. ("Dalow") manufactures jewelry. In 1981 it acquired an exclusive license to use the trademarked...

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