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VERMONT TEDDY BEAR CO., INC. v. 1-800 BEARGRAM CO.

Docket No. 03-7030.

373 F.3d 241 (2004)

VERMONT TEDDY BEAR COMPANY, INC., a New York Corporation, Plaintiff-Appellee, v. 1-800 BEARGRAM COMPANY, Staten Island Supply Company, Inc., Adirondack Bear Company, Defendants, Robert M. Schwimer, an individual, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 1, 2004.

Attorney(s) appearing for the Case

Robert M. Schwimer, Pro Se, Staten Island, NY, for Defendant-Appellant.

H. Jay Spiegel, H. Jay Spiegel & Associates, Mount Vernon, VA (Patrick C. Dunican, Jr. and Jennifer A. Endress, on the brief), for Plaintiff-Appellee.

Before: McLAUGHLIN and SACK, Circuit Judges, and GERSHON, District Judge.

Judge GERSHON dissents in a separate opinion.

McLAUGHLIN, Circuit Judge.

Robert M. Schwimer appeals an order granting a "default" summary judgment to the well-known Vermont Teddy Bear Company ("VTB") in the United States District Court for the Eastern District of New York (Korman, J.).

After learning that Schwimer was using the mark "BEARGRAM" in the marketing of his products, VTB brought various intellectual property and related state law tort...

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