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MALACO LEAF, AB v. PROMOTION IN MOTION, INC.

No. 01 Civ.7600 (WHP).

287 F.Supp.2d 355 (2003)

MALACO LEAF, AB, Plaintiff, v. PROMOTION IN MOTION, INC. dba The Promotion in Motion Companies, Inc., and Michael Rosenberg, personally and individually, Defendants. Promotion In Motion, Inc., Counterclaim-Plaintiff, v. Malaco Leaf, AB, Counterclaim-Defendant.

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

October 1, 2003.

Attorney(s) appearing for the Case

Philippe Bennett, Robert E. Hanlon, Lara A. Holzman, Coudert Brothers LLP, New York, NY, for plaintiff.

Richard S. Mandel, Jonathan Z. King, Cowan, Liebowitz & Latman, P.C., New York, NY, for defendants.

MEMORANDUM AND ORDER

PAULEY, District Judge.

This action involves a smorgasbord of trademark infringement, dilution and false advertising claims relating to Malaco Leaf, AB's ("Malaco") fish-shaped gummy candy, known as "Swedish Fish." Specifically, Malaco asserts claims for infringement and dilution of its product configuration trade dress pursuant to 15 U.S.C. § 1125(a) and (c), trade dress infringement...

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