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WHIMSICALITY, INC. v. BATTAT

No. 97 Civ. 7871 (DC).

27 F.Supp.2d 456 (1998)

WHIMSICALITY, INC., Plaintiff, v. Maison Joseph BATTAT, Ltee, et al., Defendants.

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

November 23, 1998.

Attorney(s) appearing for the Case

Kane, Dalsimer, Sullivan, Kurucz, Levy, Eisele and Richard, L.L.P. by Virginia R. Richard, New York City, for Plaintiff.

Levisohn, Lerner, Berger & Langsam by Andrew S. Langsam, New York City, for Defendants.

MEMORANDUM DECISION

CHIN, District Judge.

In this case, plaintiff Whimsicality, Inc. ("Whimsicality") moves for leave to amend its amended complaint. Defendants Maison Joseph Battat, Ltee, Battat, Inc., and Sensational Beginnings, Inc. (collectively "Battat") move for: (1) summary judgment dismissing Whimsicality's copyright and trade dress infringement claims; and (2) an order vacating the preliminary injunction entered on consent. In an order dated...

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