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GAYLE MARTZ, INC. v. SHERPA PET GROUP, LLC.

No. 08 Civ. 9186(HB).

651 F.Supp.2d 72 (2009)

GAYLE MARTZ, INC., Plaintiff, v. SHERPA PET GROUP, LLC, Tim R. Ford and Kevin T. Sheridan, Defendants. Sherpa Pet Group, LLC, Tim R. Ford and Kevin T. Sheridan, Counterclaim/Third-Party Plaintiffs, v. Gayle Martz, Inc., Gayle Martz, Individually and in her capacity as Officer and Director of Gayle Martz, Inc. and Sam J. Nole, Individually and in his capacity as Officer and Director of Gayle Martz, Inc., Counterclaim Defendant and Third-Party Defendants.

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

August 28, 2009.

Attorney(s) appearing for the Case

Jeffrey Craig Dannenberg, Kestenbaum, Dannenberg & Klein, LLP, New York, NY, for Plaintiff.

John M. Hanamirian, Sherman, Silverstein, Kohl, Rose & Podolsky, P.C., Pennsauken, NJ, Robert James Basil, Collier & Basil, P.C., (NYC), Jeffrey Craig Dannenberg, Kestenbaum, Dannenberg & Klein, LLP, New York, NY, for Defendants, Third-Party Plaintiff, Third-Party Defendant and Counter Claimant.

OPINION & ORDER

HAROLD BAER, Jr., District Judge.

Plaintiff Gayle Martz Inc. ("GMI" or "Plaintiff") brought this action on October 27, 2008 for trademark infringement and dilution, breach of contract and breach of fiduciary duty against Defendants Sherpa Pet Group LLC ("SPG"), Tim R. Ford ("Ford") and Kevin T. Sheridan ("Sheridan") (collectively, "Defendants"), who acquired the GMI business and obtained licenses to use the SHERPA trademarks.

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