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NATURE'S BEST, INC. v. ULTIMATE NUTRITION, INC.

No. CV-04-1541 (TCP)(MLO).

323 F.Supp.2d 429 (2004)

NATURE'S BEST, INC., Plaintiff, v. ULTIMATE NUTRITION, INC., Defendant.

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

June 30, 2004.

Attorney(s) appearing for the Case

Albert Robin, Robin, Blecker & Daley, New York City, for Plaintiff.

Charles H. Knull, Ullman, Shapiro & Ullman LLP, New York City, for Defendant.

MEMORANDUM AND ORDER

PLATT, District Judge.

Before this Court is a motion for a preliminary injunction, brought by Nature's Best, Inc. ("Plaintiff" or "Nature's Best"), requesting injunctive relief to enjoin Ultimate Nutrition, Inc. ("Defendant" or "Ultimate Nutrition") from using the brand name "Isopreme" on or in connection with whey protein supplements or health foods of a similar nature.

For the following reasons, Plaintiff's motion is

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