JOHN PAUL MITCHELL SYSTEMS v. PETE-N-LARRY'S INC.

No. 93-CV-0360E(H).

862 F.Supp. 1020 (1994)

JOHN PAUL MITCHELL SYSTEMS and G.A. Kayser & Sons, Inc., Plaintiffs, v. PETE-N-LARRY'S INC., Tops Markets, Inc., Tops, Inc. d/b/a Vix Deep Discount, F.W. Woolworth Co., Inc. d/b/a The Rx Place, Frank Rondinelli Hair Salons, Inc., Frieman Ratner Corp., d/b/a HBC Price Rite and Pharmhouse Corp., Defendants.

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

October 3, 1994.


Attorney(s) appearing for the Case

Charles Stewart Desmond, Gibson, McAskill & Crosby, Buffalo, NY, for John Paul Mitchell.

Robert E. Glanville, Phillips, Lytle, Hitchock, Blaine & Huber, Buffalo, NY, for G.A. Kayser.

Charles C. Swanekamp, Saperston & Day, Buffalo, NY, for Pete-N-Larry's.

Robert J. Lane and Kevin A. Szanyi, Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, NY, for Tops Markets, Inc., Tops, Inc., F.W. Woolworth and Pharmhouse Corp.


MEMORANDUM and ORDER

ELFVIN, District Judge.

John Paul Mitchell Systems ("JPMS"), the manufacturer of the "Paul Mitchell" brand of hair care products ("Paul Mitchell Products"), and G.A. Kayser & Sons, Inc. ("Kayser"), JPMS's authorized distributor in the central and western areas of New York, brought this action against various retailers —Pete-N-Larry's, Inc. ("Pete-N-Larry's"), Tops Markets, Inc. and Tops, Inc. d/b/a VIX Deep Discount (collectively...

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