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DCA FOOD INDUSTRIES INC. v. HAWTHORN MELLODY, INC.

No. 78 Civ. 2988 (CHT).

470 F.Supp. 574 (1979)

DCA FOOD INDUSTRIES INC., Plaintiff, v. HAWTHORN MELLODY, INC., Hawthorn Mellody Farms Dairy of Wisconsin, Inc., and H. M. D. Corporation, Defendants.

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

May 3, 1979.

Attorney(s) appearing for the Case

Amster, Rothstein & Engelberg, New York City, for plaintiff; Morton Amster, Daniel Ebenstein, Roy H. Wepner, Jay Bondell, New York City, of counsel.

Battle, Fowler, Jaffin, Pierce & Kheel by Gerald J. Fields, New York City, for defendants; Brownstein, Zeidman & Schomer by Donald A. Kaul, Washington, D. C., of counsel.

OPINION

TENNEY, District Judge.

In pursuit of the American dessert and snack food dollar, the plaintiff and the defendants have come to loggerheads over the use of the brand name YOZERT to identify their respective frozen yogurt products and ingredients. Plaintiff DCA Food Industries Inc. ("DCA") is a New York corporation that manufactures and sells, inter alia, a variety of dairy products and their ingredients. Defendants Hawthorn Mellody, Inc. ...

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