CONSTELLATION BRANDS v. ABBOR HILL ASSOCIATES

No. 02-CV-6498 CJS.

535 F.Supp.2d 347 (2008)

CONSTELLATION BRANDS, INC., Plaintiff v. ARBOR HILL ASSOCIATES, INC., Defendant. Arbor Hill Associates, Inc., et al., Third-Party Plaintiffs v. Nixon Peabody LLP, f/k/a Nixon Hargrave Devans & Doyle LLP, Third-Party Defendant. Nixon Peabody LLP, f/k/a Nixon Hargrave Devans & Doyle LLP, Fourth-Party Plaintiff v. Harter, Secrest & Emery LLP, Brian Shaw, and Stephen B. Salai, Fourth-Party Defendants.

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

February 26, 2008.


Attorney(s) appearing for the Case

Allen J. Baden, Esq., Susan A. Smith, Esq., Kenyon & Kenyon, New York, NY, Paul V. Nunes, Esq. Underberg & Kessler LLP, Rochester, NY, for plaintiff, Constellation Brands, Inc.

A. Paul Britton, Esq., Kenneth Payment, Esq., Harter, Secrest and Emery, LLP, Rochester, NY, for defendant, Arbor Hill Associates, Inc. and third-party plaintiffs, Arbor Hill Associates, Inc., John H. Brahm, and Katharine Brahm.


DECISION AND ORDER

CHARLES. J. SIRAGUSA, District Judge.

INTRODUCTION

This is an action between two wine producers involving, inter alia, claims of trademark, infringement. Now before the Court are the following motions: 1) a motion to dismiss and for summary judgment [# 115] by defendant-third-party plaintiff Arbor Hill Associates ("AHA")1; and 2) a cross-motion...

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