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FERRERO U.S.A., INC. v. OZAK TRADING, INC.

Civ. A. No. 88-3506.

753 F.Supp. 1240 (1991)

FERRERO U.S.A., INC., Plaintiff, v. OZAK TRADING, INC. and Doron Gratch, Defendants.

United States District Court, D. New Jersey.

January 2, 1991.

Attorney(s) appearing for the Case

Frank Holahan, Harwood Lloyd, Hackensack, N.J., and G. Franklin Rothwell, Raymond A. Kurz, Bernard, Rothwell, & Brown, Washington, D.C., for plaintiff.

Franklyn C. Steinberg, III, Sweet, Steinberg & Connelly, Clinton, N.J., and Gerard F. Dunne, Wyatt, Gerbert, Burke & Badie, New York City, for defendants.

WOLIN, District Judge.

This is a trademark infringement action wherein genuine goods produced by an affiliated firm for a foreign market are imported into the United States bearing a trademark identical to a valid United States trademark. The critical inquiry is whether the imported product will be likely to cause customer and distributor confusion. The dispute is between plaintiff, Ferrero U.S.A., Inc. ("Ferrero U.S.A.") and Ozak Trading, Inc. ("Ozak Trading").<...

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