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HÄAGEN-DAZS, INC. v. FRUSEN GLÄDJÉ LTD.

No. 80 Civ. 1930 (KTD).

493 F.Supp. 73 (1980)

HÄAGEN-DAZS, INC., Plaintiff, v. FRUSEN GLÄDJÉ LTD., A. B. Calip Dairies, Inc., Seligco Food Corp., Dolly Madison Industries, Inc., Pickwick Sales Corporation, T & W Suffolk Inc., Nelson Ice Cream Company, Inc., Richard Smith, Stephen Smith and Edward Lipitz, Defendants.

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

June 9, 1980.

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler, New York City, for plaintiff; Milton J. Schubin, William M. Borchard, Alan L. Mittman, New York City, of counsel.

James H. Callahan, Kenyon & Kenyon, New York City, for defendants; Robert D. Fier, William T. Boland, New York City, of counsel.

OPINION & ORDER

KEVIN THOMAS DUFFY, District Judge:

Successful commercial marketing has many rewards. Most important to the marketer are the financial rewards to be reaped. However, when a manufacturer develops a novel marketing approach — a commercial concept meeting with a receptive consumer — the concept is often imitated. This is precisely what occurred in the case at bar.

Plaintiff, Häagen-Dazs, Inc., is the producer of...

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