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WEIGHT WATCHERS INTERN. v. LUIGINO'S, INC.

Docket No. 04-4103-CV.

423 F.3d 137 (2005)

WEIGHT WATCHERS INTERNATIONAL, INC., Plaintiff-Counter-Defendant-Appellant, v. LUIGINO'S, INC., Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 12, 2005.

Attorney(s) appearing for the Case

Kerry L. Konrad, Simpson Thacher & Bartlett, LLP, New York, N.Y. (Jennifer R. Rackoff, Joel Zighelboim and Tai-Heng Cheng on brief), for Plaintiff-Counter-Defendant-Appellant.

George G. Eck, Dorsey & Whitney LLP, Minneapolis, MN (Bruce R. Ewing, New York, N.Y. on brief), for Defendant-Counter-Claimant-Appellee.

Before: STRAUB and HALL, Circuit Judges, and KAPLAN, District Judge.

KAPLAN, District Judge.

Plaintiff Weight Watchers International, Inc. ("Weight Watchers") appeals the denial of its motion to modify a preliminary injunction in a trademark infringement suit.

Background

A. The Original Packaging

Weight Watchers is a leading provider of weight loss products and services. Since 1997, it has offered a diet plan known as the POINTS or Winning Points plan...

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