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KEYSTONE MFG. CO., INC. v. JACCARD CORP.

No. 03-CV-648S.

394 F.Supp.2d 543 (2005)

KEYSTONE MANUFACTURING CO., INC., Plaintiff, v. JACCARD CORP. and Eric J. Wangler, Defendants.

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

September 29, 2005.

Attorney(s) appearing for the Case

Michael James Berchou, Peter K. Sommer, Phillips Lytle LLP, Buffalo, NY, for Plaintiff.

Bernard M. Brodsky, Esq., A. Nicholas Falkides, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, Buffalo, NY, for Defendants.

DECISION AND ORDER

SKRETNY, District Judge.

I. INTRODUCTION

In this intellectual property action, Plaintiff Keystone Manufacturing Co., Inc. alleges that Defendants Jaccard Corp. ("Jaccard") and Eric J. Wangler have engaged in false marking and unfair competition with respect to their sale of the JACCARD® hand-held meat tenderizer. Plaintiff also seeks a declaratory judgment that the design of the JACCARD® tenderizer is not protected...

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