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SCHIEFFELIN & CO. v. JACK CO. OF BOCA, INC.

No. 89 Civ. 2941 (BN).

850 F.Supp. 232 (1994)

SCHIEFFELIN & CO., Plaintiff, v. The JACK COMPANY OF BOCA, INC., and John P. Calderaio, individually and doing business as The Jack Co., Inc., Defendants.

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

March 31, 1994.

Attorney(s) appearing for the Case

Robin, Blecker, Daley & Driscoll, New York City, for plaintiff; Marie V. Driscoll, Douglas A. Coblens, of counsel.

Scully, Scott, Murphy & Presser, Garden City, NY, for defendants; John S. Sensny, Kenneth L. King, of counsel.

Law Office of Harry W. Barron, Boca Raton, FL, for defendants; Harry W. Barron, of counsel.

OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

BERNARD NEWMAN, Senior Judge:1

Schieffelin & Co. brings this action for trademark infringement, common law unfair competition, trade dress infringement and trademark dilution in connection with defendants' marketing of a popcorn product under the mark "DOM POPINGNON — CHAMPOP". Schieffelin holds federally registered and incontestible trademarks in the phrase ...

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