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KANGADIS, INC. v. EUPHRATES, INC.

No. 05-CV-111 DLI RML.

378 F.Supp.2d 162 (2005)

KANGADIS, INC. d/b/a Gourmet Factory, Plaintiff, v. EUPHRATES, INC., Defendant.

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

July 22, 2005.

Attorney(s) appearing for the Case

Vasilios C. Nanis, William C. Nanis, Nanis & Rinaldi, LLP, Astoria, NY, David H.E. Bursik, David H.E. Bursik, Esq., Wayne, NJ, for Plaintiff.

Joseph P. Vincenzo, Hodgson Russ, LLP, Buffalo, NY, Marc J. Goldstein, Hodgson Russ LLP, New York City, for Defendant.

ORDER

IRIZARRY, District Judge.

At issue in this application for a preliminary injunction is use of the word TRADITIONAL by Euphrates, Inc. ("Euphrates" or "defendant") on the label of its feta cheese. Kangadis, Inc. d/b/a Gourmet Factory ("Gourmet Factory" or "plaintiff") seeks to enjoin Euphrates from its use of this mark pursuant to § 43(a) of the Lanham Act, 15 U.S.C. § 1125 ("Lanham Act"). Gourmet Factory argues that trademark protection...

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