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ALMACENES EXITO S.A. v. EL GALLO MEAT MARKET, INC.

No. 05 Civ. 3434(JSR).

381 F.Supp.2d 324 (2005)

ALMACENES EXITO S.A., Plaintiff, v. EL GALLO MEAT MARKET, INC., Gallo Market, Inc., Randall Meat Market, Inc., 2300 Xtra Wholesalers, Inc., 3815-9th Avenue, Inc., El Nene Meat & Food Corp., Associated Food Stores, Inc., Jose Rene Caraballo, Rafael Montes de Oca, Luis Nunez, Rafael Then, Nelson Collado, Oscar Nunez, and John Does 1-50, Defendants.

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

August 7, 2005.

Attorney(s) appearing for the Case

Bruce Roy Millar Ewing, Lile H. Deinard, Dorsey & Whitney LLP, New York City, for Plaintiff.

Stephen Edward Feldman, Stephen E. Feldman, P.C., Harvey L. Goldstein, Finkel Goldstein Rosenbloom & Nash LLP, New York City, for Defendants.

MEMORANDUM ORDER

RAKOFF, District Judge.

In Empresa Cubana Del Tabaco v. Culbro Corp., 399 F.3d 462 (2d Cir.2005) the Second Circuit left open "the question of whether an entity that has not used a mark on products sold in the United States can nonetheless acquire a U.S. trademark through operation of the famous marks doctrine." Id. at 465. In the instant case, the Court is obliged to answer the question...

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