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AMERICAN DIETAIDS CO., INC. v. PLUS PRODUCTS

No. 71 Civ. 1646.

412 F.Supp. 691 (1976)

AMERICAN DIETAIDS COMPANY, INC. and U. S. Nutrition Products Corp., Plaintiffs, v. PLUS PRODUCTS, Defendant.

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

March 11, 1976.

Attorney(s) appearing for the Case

Breitenfeld & Levine, New York City, for plaintiffs; Alan H. Levine, New York City, of counsel.

Kenyon & Kenyon, Reilly, Carr & Chapin, New York City, for defendant; Arthur D. Gray, New York City, Beehler, Mockabee, Arant, Jagger & Bachand, Los Angeles, Cal., of counsel.

OPINION

KEVIN THOMAS DUFFY, District Judge.

The plaintiffs, American Dietaids Company, Inc. and its subsidiary U.S. Nutrition Products Corp. (both are collectively referred to hereinafter as "American Dietaids") have sued for a declaratory judgment that (1) their trademarks do not infringe defendant Plus Products' trademark and (2) Plus Products is estopped by laches from asserting any trademark rights it may...

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