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NABISCO v. WARNER-LAMBERT CO.

No. 97 Civ. 4272(CBM).

32 F.Supp.2d 690 (1999)

NABISCO and Nabisco Brands Company, Plaintiffs, v. WARNER-LAMBERT CO., Defendant.

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

January 26, 1999.

Attorney(s) appearing for the Case

Dorsey & Whitney, by James B. Swire, Bruce R. Ewing, New York City, for Plaintiffs.

Fitzpatrick, Cella, Harper & Scinto, by Edward E. Vassallo, Donna Marie Weiner, John O'Shea, New York City, for Defendant.

OPINION

MOTLEY, District Judge.

OPINION

This action involves claims of trademark infringement, false designation of origin, and unfair competition under §§ 32(1) and 43(a)(1) of the Lanham Act and state common law. Plaintiffs allege that defendant, through its sale of "Dentyne Ice" gum, is unlawfully infringing on Nabisco's "Ice Breakers" gum trademark. Nabisco is seeking injunctive relief, as well as damages, product recall, and...

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