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LEXINGTON MANAGEMENT v. LEXINGTON CAPITAL PARTNERS

No. 97 Civ. 9068(LAP).

10 F.Supp.2d 271 (1998)

LEXINGTON MANAGEMENT CORPORATION, Plaintiff, v. LEXINGTON CAPITAL PARTNERS, Lexington Capital Company and Lexington Capital Assets, Defendants.

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

February 27, 1998.

Attorney(s) appearing for the Case

Stephen W. Feingold, Stephanie M. Foster, Whitman, Breed, Abbott & Morgan, L.L.P., New York, NY, for Lexington Management Corporation, plaintiff.

Kenneth R. Puhala, Layton Brooks & Hecht, New York, NY, for Lexington Capital Assets, Lexington Capital Partners, Lexington Capital Co.

MEMORANDUM AND ORDER

PRESKA, District Judge.

Plaintiff Lexington Management Corporation moves for a preliminary injunction, pursuant to Fed.R.Civ.P. 65, enjoining defendant Lexington Capital Partners & Co., Inc.1 from using the trademark "Lexington" in connection with defendant' activities as a retail broker in the financial services industry. Plaintiff claims that defendant's use of the "Lexington" service mark "in...

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