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MPC FRANCHISE, LLC v. TARNTINO

No. 11-CV-6310 CJS.

19 F.Supp.3d 456 (2014)

MPC FRANCHISE, LLC, and MP Cleary, Inc., Plaintiffs v. Brent TARNTINO, Defendant. Brent Tarntino and Pudgie's Pizza Corporation-Horseheads, Inc., Counterclaim Plaintiffs v. MPC Franchise, LLC and MP Cleary, Inc., Counterclaim Defendants.

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

Filed May 14, 2014.

Attorney(s) appearing for the Case

Jeffrey Zucker, Esq. , Max A. Staplin, Esq. , Maria Jose Morinigo, Esq. , Fisher Zucker LLC, Philadelphia, PL, Paul L. Leclair, Esq. , Leclair Korona Giordano Cole LLP, Rochester, NY, for Plaintiffs/Counterclaim Defendants.

George R. McGuire, Esq. , Bond, Schoeneck & King, PLLC, Syracuse, NY, for Defendants/Counterclaim Plaintiffs.

DECISION AND ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

This action involves Pudgie's Pizza, a formerly family-owned pizza business in Elmira, New York, several of whose individual restaurant locations now belong to first cousins, who are descendants of the original owners, and who are challenging each other for the rights to use the Pudgie's name, at least in certain geographic regions, and to franchise others to do so. Now before...

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