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E.G.L. GEM LAB LTD. v. GEM QUALITY INSTITUTE, INC.

No. 97 Civ. 7102(LAK).

90 F.Supp.2d 277 (2000)

E.G.L. GEM LAB LTD., Plaintiff, v. GEM QUALITY INSTITUTE, INC. d/b/a European Gemological Laboratory and d/b/a EGL Los Angeles and d/b/a EGL-LA, et al., Defendants.

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

February 2, 2000.

Attorney(s) appearing for the Case

Robert B. Hanlon, Lara Holzman, Donna Corby Sobel, Bryan Cave LLP, New York City, for Plaintiff.

Robert D. Katz, Robert T. Maldonado, Cooper & Dunham LLP, New York City, for Defendants Gem Quality Institute Inc., Thomas E. Tashey and Myriam Tashey.

OPINION

KAPLAN, District Judge.

Brand names — trademarks — are pervasive in modem business. Frequently, however, the business carried out under those marks is conducted by licensees pursuant to relationships in which the licensee benefits from the goodwill and consumer recognition of the licensed trademark while the licensor benefits from the capital investment and entrepreneurial skills of the licensee.

A licensee often faces substantial...

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