815 TONAWANDA STREET CORP. v. FAY'S DRUG CO., INC.

No. 453, Docket 87-7701.

842 F.2d 643 (1988)

815 TONAWANDA STREET CORPORATION, d/b/a "Fay's Leader Drugs," Plaintiff-Appellee, v. FAY'S DRUG COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 23, 1988.


Attorney(s) appearing for the Case

Peter K. Sommer, Buffalo, N.Y. (Sommer & Sommer, John R. Nuchereno, Buffalo, N.Y., of counsel), for plaintiff-appellee.

Richard Lehv, New York City (Weiss David Fross Zelnick & Lehrman, P.C., of counsel), for defendant-appellant.

Before VAN GRAAFEILAND, WINTER and ALTIMARI, Circuit Judges.


ALTIMARI, Circuit Judge:

Fay's Drug Company, Inc., appeals from an order of the United States District Court for the Western District of New York, John T. Elfvin, Judge, granting a permanent injunction in favor of the 815 Tonawanda Street Corporation in plaintiff's action for trademark infringement and unfair competition. We conclude that plaintiff failed to establish any entitlement to relief on either its federal or state-law claims, and we reverse the judgment...

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