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FRAGA v. SMITHAVEN MRI

No. CV 94-0030.

866 F.Supp. 107 (1994)

Aida E. FRAGA, d/b/a OPEN MRI, Plaintiff, v. SMITHAVEN MRI, a/k/a Open MRI at Smithaven, a/k/a Open MRI and Garden City MRI, a/k/a Open MRI at Garden City, a/k/a Open MRI, Defendants.

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

October 26, 1994.

Attorney(s) appearing for the Case

Ober, Kaler, Grimes & Shriver, by Stephen E. Powers, New York City, for plaintiff.

Scoppetta & Seiff, by Walter A. Kretz, Jr., New York City, for defendants.

MEMORANDUM AND ORDER

WEXLER, District Judge.

Plaintiff in this matter, whose magnetic resonance imaging center does business as "OPEN MRI" or "DIAL OPEN-MRi," has asserted claims against defendants, who own similar centers with similar names, for trade name violations under Section 43(a) of the Lanham Act, codified as 15 U.S.C. § 1125(a), as well as claims arising under New York law. Presently before the Court are plaintiff's motion for a preliminary...

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