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FRENCH TRANSIT v. MODERN COUPON SYSTEMS

No. 91 Civ. 6734 (KC).

818 F.Supp. 635 (1993)

FRENCH TRANSIT, LTD., Plaintiff, v. MODERN COUPON SYSTEMS, INC., Leonard Feldman, Larry Morris Individually, and d/b/a J & L Products and d/b/a Deodorant Stones of America, Hargen Distributing, Inc. and Chitti Kang, Defendants.

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

April 15, 1993.

Attorney(s) appearing for the Case

Randy Friedberg, Hall Dickler Lawler Kent & Friedman, New York City, for plaintiff.

Eliot S. Gerber, Wyatt Gerber Burke & Badie, Nora Hirschberger, Bryan Cave, New York City, Bennett Cooper, Brown & Bain, Phoenix, AZ, for defendants.

ORDER

CONBOY, District Judge:

Plaintiff French Transit, Ltd. ("FT") has sued, inter alia, Hargen Distributing, Inc. ("Hargen") for trademark infringement, trade dress infringement, unfair competition and misappropriation under New York Law, and for violation of New York General Bus.L. §§ 133, 368-d. Hargen now moves for summary judgment. For the reasons that follow, Hargen's motion is denied.

I. Trademark Infringement

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