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LCO DESTINY, LLC v. MICHAELS STORES, INC.

No. 07-CV-1140.

543 F.Supp.2d 129 (2008)

LCO DESTINY, LLC, Plaintiff, v. MICHAELS STORES, INC., Michaels Stores Procurement Company Inc., BP Industries Incorporated, Defendant(s).

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

February 13, 2008.

Attorney(s) appearing for the Case

Robert E. Purcell, Hiscock, Barclay Law Firm, Syracuse, NY, for Plaintiff.

Jonathan B. Fellows, Bond, Schoeneck Law Firm, Syracuse, NY, for Defendants.

DECISION & ORDER

THOMAS J. McAVOY, Senior District Judge.

I. INTRODUCTION

Plaintiff LCO Destiny, LLC ("LCO") commenced this action asserting claims sounding in federal trademark infringement (First and Second Counts), deceptive acts (Third Count), false advertising (Fourth Count), unfair competition (Fifth Count), breach of contract (Sixth Count), and fraudulent misrepresentation and inducement

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