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WEIGHT WATCHERS INTERN., INC. v. STOUFFER CORP.

No. 88 Civ. 7062 (MBM).

744 F.Supp. 1259 (1990)

WEIGHT WATCHERS INTERNATIONAL, INC., Plaintiff, v. The STOUFFER CORPORATION, Stouffer Foods Corporation and Nestle Enterprises, Defendants. STOUFFER FOODS CORPORATION, Counterclaim-Plaintiff, v. WEIGHT WATCHERS INTERNATIONAL, INC., H.J. Heinz Company and Foodways National, Inc., Counterclaim-Defendants.

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

As Amended October 12, 1990.

Attorney(s) appearing for the Case

William R. Hansen, Bert A. Collison, Ronald J. McGaw, Nims, Howes, Collison & Isner, New York City, Robert J. Hollweg, Weight Watchers Intern., Inc., Jericho, N.Y., for plaintiff/counterclaim-defendants.

Robert V. Vickers, Body Vickers & Daniels, Cleveland, Ohio, Mary Lee Pilla, Nestle Enterprises, Inc., Solon, Ohio, Paul Fields, Ira J. Levy, Darby & Darby, New York City, for defendants/counterclaim-plaintiff.

OPINION AND ORDER

MUKASEY, District Judge.

Whether or not the late Duchess of Windsor was right when she postulated that one can never be too rich or too thin,1 one certainly can get rich these days by holding out the promise to make others thin. The parties to this action hold out that promise, and clash in pursuit of those riches.

Plaintiff Weight Watchers International, Inc. markets both a diet program and a line of...

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