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JARET INTERN., INC. v. PROMOTION IN MOTION, INC.

No. 91-CV-4092.

826 F.Supp. 69 (1993)

JARET INTERNATIONAL, INC., and M & A Candy Co. Ltd., Plaintiffs, v. PROMOTION IN MOTION, INC., and Michael G. Rosenberg, Defendants.

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

June 16, 1993.

Attorney(s) appearing for the Case

Sutton, Basseches, Magidoff & Amaral, New York City, for plaintiffs (Paul J. Sutton and Barry G. Magidoff, of counsel).

Cowan, Liebowitz & Latman, P.C., New York City, for defendants (Mary L. Kevlin and Sheri Rosenfeld, of counsel).

MEMORANDUM-DECISION AND ORDER

BARTELS, District Judge.

This is a lawsuit alleging consumer confusion between the packages of two sour candy brands, "SOUR PATCH KIDS," and "SOUR JACKS." Plaintiffs allege four causes of action as follows: (1) trade dress infringement in violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1988); (2) violation of New York State common law of unfair competition...

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