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P. FERRERO & C. S.p.A. v. LIFE SAVERS, INC.

No. 74 Civ. 3282.

383 F.Supp. 10 (1974)

P. FERRERO & C. S.p.A., Plaintiff, v. LIFE SAVERS, INC., Defendant.

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

September 13, 1974.

Attorney(s) appearing for the Case

Sughrue, Rothwell, Mion, Zinn & Macpeak, Washington, D. C., by G. Franklin Rothwell, Washington, D. C., of counsel, Breed, Abbott & Morgan, New York City by Charles Kadish, Stephen R. Lang, New York City, of counsel, for plaintiff.

Weil, Lee & Bergin, New York City, by Alfred T. Lee, New York City, of counsel, for defendant.

OPINION

BONSAL, District Judge.

Plaintiff, P. Ferrero & C. S.p.A. ("Ferrero"), instituted this action on July 30, 1974 against defendant, Life Savers, Inc. ("Life Savers"), seeking a preliminary and permanent injunction against Life Savers' alleged trademark infringement and unfair competition. The complaint alleges that Ferrero developed a mini-mint product sold in the United States under the trademark "TIC TAC"; that TIC TAC mints are sold in rectangular...

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