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LORILLARD TOBACCO CO. v. BISAN FOOD CORP.

No. 03-3151, 03-3160, 03-3161.

377 F.3d 313 (2004)

LORILLARD TOBACCO COMPANY a Delaware corporation, Appellant v. BISAN FOOD CORP. d/b/a New Way Supermarket, Ali Sayam, Hamed Sayam, Sammy J. Abdul Lorillard Tobacco Company a Delaware corporation, Appellant v. Edwin Liquor Store; Anna Rodriguez Lorillard Tobacco Company a Delaware corporation, Appellant v. John Doe Corp. d/b/a Krauszer's; Subhash Patel.

United States Court of Appeals, Third Circuit.

Filed July 28, 2004.

Attorney(s) appearing for the Case

Eric S. Aronson (Argued), Greenberg Traurig, Florham Park, NJ, for Appellant.

Before ALITO, SMITH and BECKER, Circuit Judges.

BECKER, Circuit Judge.

This case concerns a District Court's refusal to issue, at the behest of cigarette manufacturer Lorillard Tobacco Co. ("Lorillard"), ex parte orders directing the seizure from three New Jersey retailers (collectively, the "defendants") of allegedly counterfeit Newport brand cigarettes, under the Trademark Counterfeiting Act of 1984 (the "Act"), Pub.L. No. 98-473, Title II, ch. XV, 98 Stat. 2178, codified in relevant part at 15 U.S.C....

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