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CAR-FRESHNER CORP. v. GETTY IMAGES, INC.

No. 7:09-CV-1252 (GTS/GHL).

822 F.Supp.2d 167 (2011)

CAR-FRESHNER CORP.; and Julius Samann, Ltd., Plaintiffs, v. GETTY IMAGES, INC.; and Getty Images (US), Inc., Defendants.

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

September 28, 2011.

Attorney(s) appearing for the Case

MacKenzie Hughes, LLP, of Counsel: Nancy L. Pontius, Esq. , Syracuse, NY, for Plaintiffs.

Oblon, Spivak McClelland, Maier & Neustadt, LLP, of Counsel: Jonathan Hudis, Esq. , Roberta S. Bren, Esq. , Alexandria, VA, for Plaintiffs.

Davis Wright & Tremaine, LLP, of Counsel: Christopher J. Robinson, Esq. , James E. Rosenfeld, Esq. , New York, NY, for Defendants.

Hiscock & Barclay, LLP, of Counsel: Dougas J. Nash, Esq. , Syracuse, NY, for Defendants.

MEMORANDUM-DECISION and ORDER

GLENN T. SUDDABY, District Judge.

Currently before the Court, in this trademark and unfair competition action filed by Car-Freshner Corporation ("CFC") and Julius Sämann Ltd. ("JSL") (collectively "Plaintiffs") against Getty Images, Inc. and Getty Images (U.S.) Inc. ("Defendants"), are the following two motions: (1) Defendants' motion to dismiss Plaintiffs' Amended Complaint for failure

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