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NABISCO, INC. v. WARNER-LAMBERT CO.

Docket No. 99-7191.

220 F.3d 43 (2000)

NABISCO, INC. and Nabisco Brands Company, Plaintiffs-Counter-Defendants-Appellants, v. WARNER-LAMBERT COMPANY, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 5, 2000.

Attorney(s) appearing for the Case

James B. Swire, Dorsey & Whitney LLP (Bruce R. Ewing, of counsel), New York, New York, for Plaintiffs-Counter-Defendants-Appellants.

Edward E. Vassallo, Fitzpatrick, Cella, Harper & Scinto (Nina Shreve, Timothy J. Kelly, Dolores Moro-Grossman, Bonny B. Rozzo, Fitzpatrick, Cella, Harper & Scinto; John N. O'Shea, Belinda I. Berman, of counsel), New York, New York, for Defendant-Counter-Claimant-Appellee.

Before: WINTER, Chief Judge, CARDAMONE, and STRAUB, Circuit Judges.

WINTER, Chief Judge:

Nabisco, Inc. and Nabisco Brands Company (collectively, "Nabisco") appeal from Judge Motley's order granting summary judgment to Warner-Lambert Co. on Nabisco's trademark infringement and unfair competition claims arising out of the marketing of competing, breath-freshening chewing gums. See Nabisco v. Warner-Lambert Co., 32 F.Supp.2d 690 (S.D.N.Y. 1999). Nabisco claims that Warner-Lambert's use...

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