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RAMADA FRANCHISE SYSTEMS, INC. v. BOYCHUK

No. 1:01-CV-1331.

283 F.Supp.2d 777 (2003)

RAMADA FRANCHISE SYSTEMS, INC., a Delaware corporation, Plaintiff, v. Gene BOYCHUK, an individual; and BSB Inns, Ltd., a New York Corporation, Defendants.

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

September 17, 2003.

Attorney(s) appearing for the Case

Hinman Straub, P.C., Albany, NY, James Potter, of Counsel, Attorneys for Plaintiff.

Pitney, Hardin, Kipp & Szuch LLP, Morristown, NJ, Dennis LaFiura, Richard Ballot, of Counsel, Attorneys for Plaintiff.

Cendant Corporation, Parsippany, NJ, Marcus Banks, of Counsel, Corporation Counsel.

Bartlett, Pontiff, Stewart & Rhodes, Glens Falls, NY, Benjamin Pratt, Eileen Haynes, of Counsel, Attorneys for Defendants.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff Ramada Franchise Systems, Inc. ("RFS") brought suit against defendants Gene Boychuk ("Boychuk") and BSB Inns, Ltd. ("BSB"), alleging the following six causes of action: First—trademark infringement and trade dress infringement in violation of the Lanham Act, 15 U.S.C. §§ 1114(1)(a), 1125(a) and (c); Second— failure to account...

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