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EMPRESA CUBANA DEL TABACO v. CULBRO CORP.

No. 97 Civ. 8399(RWS).

478 F.Supp.2d 513 (2007)

EMPRESA CUBANA DEL TABACO d.b.a. Cubatabaco, Plaintiff, v. CULBRO CORPORATION and General Cigar Co., Inc., Defendants.

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

March 14, 2007.

Attorney(s) appearing for the Case

Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., New York, NY, By: Michael Krinsky, David B. Goldstein, Christopher J. Klatell, for Plaintiff.

Dla Piper Rudnick Gray Cary U.S. LLP, New York, NY, By: Andrew L. Deutsch, Joshua S. Sohn, Morgan & Finnegan, L.L.P., New York, NY, By: Harry C. Marcus, Scott Greenberg, for Defendants.

OPINION

SWEET, District Judge.

Defendants General Cigar Co., Inc. and General Cigar Holdings, Inc. (collectively "General Cigar") have moved under 15 U.S.C. § 1119 and the Court's ancillary jurisdiction to amend the order of May 15, 2006 (the "May 15 Order") to direct the Patent and Trademark Office's Trademark Trial and Appeal Board (the "PTO's" and "TTAB") to dismiss the pending petition of plaintiff...

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