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24 HOUR FITNESS USA, INC. v. 24/7 TRIBECA FITNESS

No. 03 CIV. 4069 LTSRLE.

277 F.Supp.2d 356 (2003)

24 HOUR FITNESS USA, INC., Plaintiff, v. 24/7 TRIBECA FITNESS, LLC, Peter Williams Enterprises, Inc., Peter Williams, and Does 1-10, Defendants.

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

August 18, 2003.

Attorney(s) appearing for the Case

Matt, Phelps & Philips, LLP by Ronald G. Blum, Esq., New York City, for Plaintiff.

Goldberg, Weprin & Ustin LLP by Matthew Hearle, Esq., New York City, for Defendants.

MEMORANDUM OPINION AND ORDER

SWAIN, District Judge.

Plaintiff 24 Hour Fitness USA., Inc. ("Plaintiff" or "24 Hour Fitness") seeks a preliminary injunction against defendants 24/7 Tribeca Fitness, LLC ("24/7 Fitness"), Peter Williams Enterprise, Inc. and Peter Williams (collectively, "Defendants") prohibiting their use of a "24/7 Fitness" mark and the use of the domain name "247fitnessclub.com." Plaintiff alleges that Defendants willfully infringed...

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