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FASHION BOUTIQUE OF SHORT HILLS v. FENDI USA, INC.

No. 91 Civ. 4544 (MGC).

942 F.Supp. 209 (1996)

FASHION BOUTIQUE OF SHORT HILLS, INC., Plaintiff, v. FENDI USA, INC. and Fendi Stores, Inc., Defendants.

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

October 23, 1996.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges by Helene D. Jaffe, George F. Meierhofer and Stacey M. Berg, New York City, for Plaintiff.

Pavia & Harcourt by Steven Skulnik, Richard L. Mattiaccio and David A. Botwinik, New York City, for Defendants.

OPINION

CEDARBAUM, District Judge.

What is the minimum activity required to constitute "advertising or promotion" within the meaning of the Lanham Act? That is the issue presented by this motion for partial summary judgment. Fashion Boutique of Short Hills, Inc. sues Fendi USA, Inc. and Fendi Stores, Inc. for unfair competition under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1994), and for unfair competition and defamation under New York...

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