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NEW YORK MERC. EXCH., INC. v. INTERCONTINENTAL EXCH. INC.

No. 02 CIV. 9277(JGK).

323 F.Supp.2d 559 (2004)

NEW YORK MERCANTILE EXCHANGE, INC., Plaintiff, v. INTERCONTINENTAL EXCHANGE, INC., Defendant.

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

June 30, 2004.

Attorney(s) appearing for the Case

Herbert C. Ross, Jr., Olshan, Grundman, Frome, Rosenzweig & Wolosky, LLP, New York, NY, Martin I. Kaminsky and Edward T. McDermott, Pollack & Kaminsky, New York, New York, and Shepard Goldfein, Skadden, Arps, Slate, Meagher & Flom, LLP, New York, New York, for Plaintiff.

Anne L. Quintal, Winston & Strawn, LLP, Chicago, IL, Deborah Martinez, James H. Carter, Mark Edward Coyne, Michael A. Cheah, Phyllis Staub Wallitt, Richard H. Klapper, Sullivan & Cromwell, LLP, New York, NY, for Defendant.

OPINION and ORDER

KOELTL, District Judge.

The plaintiff, New York Mercantile Exchange, Inc. ("NYMEX"), brings this action against the defendant, IntercontinentalExchange, Inc. ("ICE"), for copyright infringement, service mark infringement, dilution of the plaintiff's marks, and tortious interference with contract.

ICE has also filed counterclaims. Its First Amended Counterclaims allege four causes of action seeking certain declaratory relief...

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