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MANNING INTERN., INC. v. HOME SHOPPING NETWORK

No. 01 CIV. 0865(RLC).

152 F.Supp.2d 432 (2001)

MANNING INTERNATIONAL INC., Plaintiff, v. HOME SHOPPING NETWORK, INC., and Port Carling Corporation, Defendants.

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

July 11, 2001.

Attorney(s) appearing for the Case

Rubin, Bailin, Ortoli, Mayer & Baker LLP, Attorneys for the Plaintiff, New York City, Eric Vaughn-Flam, Of Counsel.

Orrick, Herrington & Sutcliffe, LLP, Attorneys for the Defendants, New York City, Michael B. Carlinsky, Of Counsel.

OPINION

ROBERT L. CARTER, District Judge.

Plaintiff Manning International Inc. ("plaintiff") asserts claims under the Lanham Act, §§ 43(a)(1)(A) & (B); and New York common law of unfair competition, against defendants Home Shopping Network, Inc. ("HSN") and Port Carling Corporation ("Carling") ("defendants"). Defendants move to dismiss the action pursuant to Rule 12(b)(6), F.R. Civ. P., for failure...

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