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BAUSCH & LOMB INC. v. NEVITT SALES CORP.

No. 92-CV-6517L.

810 F.Supp. 466 (1993)

BAUSCH & LOMB INCORPORATED, Plaintiff, v. NEVITT SALES CORPORATION d/b/a Solar-Mates Sunglasses, Defendant.

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

January 25, 1993.

Attorney(s) appearing for the Case

William D. Eggers, Nixon, Hargrave, Devans & Doyle, Rochester, NY, for plaintiff.

David B. Newman, Cooperman Levitt & Winikoff, New York City, for defendant.

DECISION AND ORDER

LARIMER, District Judge.

"Imitation," it has been said, "is the sincerest form of flattery,"1 but equally true, as this action illustrates, is that flattery will often get you nowhere. In this action, Bausch & Lomb Incorporated ("B & L") charges Nevitt Sales Corporation ("Nevitt Sales") with trademark infringement under § 32(1) of the Lanham Act, 15 U.S.C. § 1114(1); false designation of origin...

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