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GOYA FOODS, INC. v. CONDAL DISTRIBUTORS, INC.

No. 89 Civ. 8530(MEL).

732 F.Supp. 453 (1990)

GOYA FOODS, INC., Plaintiff, v. CONDAL DISTRIBUTORS, INC., Nelson Fernandez, Nestor Fernandez, Manuel Fernandez and Regent Enterprises, Inc., Defendants.

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

March 16, 1990.

Attorney(s) appearing for the Case

Baker & Friedman (Stephen L. Baker, of counsel) New York City, for plaintiff.

Meister Leventhal & Slade (Jeffrey C. Slade, of counsel), New York City, for defendants.

LASKER, District Judge.

Goya Foods, Inc. ("Goya") brought this action for trademark infringement and unfair competition in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and for common law trade dress infringement, misappropriation, dilution and unfair competition under New York Law. Goya moves for a preliminary injunction barring Condal Distributors, Inc. ("Condal") from distributing or selling rice in packaging which imitates the appearance...

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