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CUBAN CIGAR BRANDS N. V. v. UPMANN INTERN., INC.

No. 77 Civ. 345.

457 F.Supp. 1090 (1978)

CUBAN CIGAR BRANDS N. V., Plaintiff, v. UPMANN INTERNATIONAL, INC., Defendant.

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

July 20, 1978.

Attorney(s) appearing for the Case

Watson, Leavenworth, Kelton & Taggart, New York City, for plaintiff; Frank J. Colucci, Leslie D. Taggart, Howard B. Barnaby, Jr., William R. Liberman, New York City, of counsel.

Bader & Bader, New York City, for defendant; I. Walton Bader, New York City, of counsel.

OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW

WEINFELD, District Judge.

This trademark infringement action involves variations on the name "Upmann" as a mark used in the sale of cigars.1 Plaintiff, owner of the mark "H. Upmann," seeks declaratory and injunctive relief under the Lanham Act2 and the common law: (a) cancelling defendant's federal registration of the marks "Carl Upmann" and "Upmann...

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