EVERCRETE CORP. v. H-CAP LTD.

No. 05 Civ. 9249(SAS).

429 F.Supp.2d 612 (2006)

EVERCRETE CORPORATION and Raymond Willis, Plaintiffs, v. H-CAP LIMITED, Evercrete Corporation, Rhoda Hardy Leonorah Glatthaar, and Harvey Boulter, Defendants.

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

April 27, 2006.


Attorney(s) appearing for the Case

Serhiy Hoshovsky, Gvozd & Hoshovsky, New York, New York, Maria A. Savio, Frank D. Decolvenaere, Gottlieb, Rackman & Reisman, P.C., New York, New York, for Plaintiffs.

Toby Soli, Michael P. Socarras, Robert L. Elam, Greenberg Traurig LLP, New York, New York, for Defendants.


OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

This case turns on a dispute over ownership of Evercrete Corporation, a New York corporation ("Evercrete New York"), and the trademark EVERCRETE. Raymond Willis and Evercrete New York bring this action alleging trademark infringement, conversion, unjust enrichment, common law fraud, and mail and wire fraud in violation of the Racketeering Influenced and Corrupt Organizations...

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