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MASTERFOODS USA v. ARCOR USA, INC.

No. 02-CV-6442 CJS.

230 F.Supp.2d 302 (2002)

MASTERFOODS USA, Plaintiff, v. ARCOR USA, INC. and Arcor S.A.I.C., Defendants.

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

November 4, 2002.

Attorney(s) appearing for the Case

Pasquale A. Razzano, Aimee E. Nassau, Fitzpatrick, Cella, Harper & Scinto, New York, NY, for Plaintiff.

Daniel H. Weiner, Kristin B. Whiting, Hughes Hubbard & Reed LLP, New York, NY, James D. Kole, Nixon Peabody LLP, Rochester, NY, for Defendants.

DECISION ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

SIRAGUSA, District Judge.

I. Introduction

This case involves a dispute between Plaintiff Masterfoods USA, a division of Mars, Incorporated ("Mars"), the company that makes m & m's® candies, and Defendants Arcor USA, Inc. ("Arcor USA") and Arcor S.A.I.C. ("Arcor International") (collectively "Arcor"), makers and distributors of a competing candy, ROCKLETS. Mars is a Delaware corporation...

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