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NEW YORK STOCK EXCHANGE v. NEW YORK HOTEL LLC

Docket No. 99-9276.

293 F.3d 550 (2002)

NEW YORK STOCK EXCHANGE, INC., Plaintiff-Appellant, v. NEW YORK, NEW YORK HOTEL, LLC and New York, New York Hotel & Casino, LLC, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 1, 2002.

Attorney(s) appearing for the Case

William R. Golden, Jr., Kelley Drye & Warren LLP, New York, NY; Michelle M. Graham, of counsel; Joseph D. Garon, Doreen L. Costa, Baker & Botts LLP, New York, NY, of counsel, for Plaintiff-Appellant.

Kenneth A. Plevan, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY; Bruce J. Goldner, Scott D. Brown, of counsel; Mark G. Tratos, Quirk & Tratos, Las Vegas, NV, of counsel, for Defendants-Appellees.

Before WALKER, Chief Judge, WINTER, and JACOBS, Circuit Judges.

WINTER, Circuit Judge.

The New York Stock Exchange, Inc. ("NYSE") appeals from Judge Cedarbaum's grant of summary judgment, dismissing its claims for trademark infringement and dilution under the Lanham Act, see 15 U.S.C. § 1125, and trademark blurring and tarnishment under New York law, see N.Y. Gen. Bus. Law § 360-l. NYSE brought this action against New York, New York Hotel & Casino, LLC (the "Casino") and its corporate predecessor, New...

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