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VERMONT TEDDY BEAR CO. v. TYCO INDUSTRIES, INC.

No. 98-CV-1133(LEK).

80 F.Supp.2d 36 (2000)

THE VERMONT TEDDY BEAR CO., INC., Plaintiff, v. TYCO INDUSTRIES, INC., Defendant. Tyco Industries, Inc., Counter-claimant, v. The Vermont Teddy Bear Co., Inc., Counter-defendant.

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

January 10, 2000.

Attorney(s) appearing for the Case

Neil L. Levine, Whiteman, Osterman Law Firm, Robert Ruslander, Ainsworth, Sullivan Law Firm, Albany, NY, for Vermont Teddy Bear Co., Inc.

David R. Sheridan, Bond, Schoeneck Law Firm, Albany, NY, for Tyco Industries, Inc.

MEMORANDUM — DECISION AND ORDER

KAHN, District Judge.

This is a diversity action in which Plaintiff alleges breach of a license agreement, and now comes before the Court seeking summary judgment. For the reasons set forth below, Plaintiff's motion is denied.

I. BACKGROUND

Plaintiff is a manufacturer and national marketer of teddy bears, which are marketed under several names, including "Vermont Teddy Bear" and related trade...

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