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BAMBU SALES, INC. v. OZAK TRADING INC.

No. 602, Docket 93-7913.

58 F.3d 849 (1995)

BAMBU SALES, INC., Plaintiff-Appellee, v. OZAK TRADING INCORPORATED and Doron Gratch, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 26, 1995.

Attorney(s) appearing for the Case

Gerard F. Dunne, New York City for defendants-appellants.

Henry Pitman, Lieberman & Nowak, New York City (Milton Springut, of counsel) for plaintiff-appellee.

Before: FEINBERG, MESKILL, and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge:

Bambu Sales, Inc. imports and sells cigarette rolling paper under its federally registered trademark, BAMBU. Ozak Trading Inc. imports and distributes brand-name goods, "off-brand-name" goods, and "closeouts."

Bambu's foreign manufacturer had some surplus stock of "light-weight" paper bearing the BAMBU mark. Bambu had discontinued the sale of such paper in the United States, but it permitted the manufacturer to sell it on the condition...

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