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1-800-FLOWERS.COM, INC. v. EDIBLE ARRANGEMENTS

No. 12 CV 1483(DRH)(ARL).

905 F.Supp.2d 451 (2012)

1-800-FLOWERS.COM, INC., Plaintiff, v. EDIBLE ARRANGEMENTS, LLC, Defendant.

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

November 28, 2012.

Attorney(s) appearing for the Case

Gallagher, Walker, Bianco & Plastaras by Thomas E. Plastaras, Esq. , Mineola, NY, Kilpatrick Townsend & Stockton LLP, by Judith A. Powell, Esq. (Pro Hac Vice), Atlanta, GA, for Plaintiff.

Cowan, Liebowitz & Latman, P.C. by Meichelle R. MacGregor, Esq. , Scott P. Ceresia, Esq. , New York, NY, for Defendant.

MEMORANDUM AND ORDER

HURLEY, Senior District Judge:

Plaintiff 1-800-Flowers.com, Inc. ("plaintiff") commenced this action pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201 et seq., and seeks a declaratory judgment that plaintiff's "use of its trademarks has not infringed or interfered with" defendant Edible Arrangements, LLC's asserted rights and does not violate Sections 32 and 43(a) of the Lanham Act, 15 U.S.C. §§ 1114 and...

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