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JR TOBACCO v. DAVIDOFF OF GENEVA

95 Civ. 0319(LAP).

957 F.Supp. 426 (1997)

JR TOBACCO OF AMERICA, INC., Plaintiff/Counterclaim Defendant, v. DAVIDOFF OF GENEVA (CT), INC. and AVO Uvezian Cigars, Ltd., Defendants DAVIDOFF & CIE, S.A. and Oettinger Imex AG, Additional Counterclaim Plaintiffs, v. CIGARS BY SANTA CLARA, N.A., INC., JNR Grocery Corporation, 11 East 46th St. Corp., JR Tobacco (New Jersey) Inc., JR Tobacco Outlet N.C., Inc., United Cigar Inc., and JR Tobacco Outlet Statesville, Inc., Additional Counterclaim Defendants

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

February 13, 1997.

Attorney(s) appearing for the Case

Barry G. Magidoff, Sutton, Basseches, Magidoff & Amaral, New York City, for JR Tobacco of America, Inc.

Richard Lehv, Weiss Dawid Fross Zelnick & Lehrman, P.C., New York City, for Davidoff of Geneva (CT), Inc.

OPINION AND ORDER

PRESKA, District Judge:

This Lanham Act claim arises out of plaintiff's advertisements for premium cigars. Plaintiff and counterclaim defendant JR TOBACCO of AMERICA, Inc. ("JR") initially sought a declaratory judgment that JR Tobacco's advertisements for JR Alternatives, its line of premium cigars, are neither false advertisements nor likely to confuse consumers with respect to the source of the products. Defendants Davidoff of...

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