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NATURE'S BOUNTY, INC. v. BASIC ORGANICS

No. 75 C 1763.

432 F.Supp. 546 (1977)

NATURE'S BOUNTY, INC., Plaintiff, v. BASIC ORGANICS, Defendant.

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

May 23, 1977.

Attorney(s) appearing for the Case

Michael C. Duban, New York City, for plaintiff.

Bauer, Amer & King, P.C. by Myron Amer, Mineola, N.Y., for defendant.

NEAHER, District Judge.

In this action under the Trade-Mark Act of 1946 (Lanham Act), 15 U.S.C. §§ 1051-1127, plaintiff seeks an injunction against alleged infringement of its registered trademark "B-100" and unfair competition, and an accounting for damages and profits. Jurisdiction is founded on 15 U.S.C. § 1121 and 28 U.S.C. § 1338(a). Plaintiff's application for a preliminary injunction, based on affidavits, was denied in a Memorandum and Order...

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