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DIAL-A-MATTRESS v. MATTRESS MADNESS

No. 92-CV-3670 (TCP).

841 F.Supp. 1339 (1994)

DIAL-A-MATTRESS OPERATING CORP., Plaintiff, v. MATTRESS MADNESS, INC., 2765 Bedding Corp. and/or 2765 Bedding Corp. d/b/a Mattress Madness, 1947 Bedding Corp., Dial-A-Mattress Inc., a New York Corporation, Mark Graber, Craig Graber, and Richard Graber, Defendants.

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

January 27, 1994.

Attorney(s) appearing for the Case

Robert S. Fink, Kathryn Kenneally, Kostelanetz, Ritholz, Tigue & Fink, New York City, for plaintiff.

Mitchell A. Stein, Steven M. Hoffberg, Stein & Hoffberg, New York City, for defendants.

MEMORANDUM AND OPINION

PLATT, Chief Judge.

The present cross-motions require this Court to attempt to resolve William Shakespeare's vexing query, "What's in a name?"1 In the present case, it is that which the parties' call Dial-A-Mattress. Although Shakespeare surely would adjudge the name of the parties' bedding business to be immaterial, they do not share his enthusiasm. Rather, plaintiff and defendants seek an order of this...

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