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DREYFUS FUND v. ROYAL BANK OF CANADA

No. 81 Civ. 1583 (ADS).

525 F.Supp. 1108 (1981)

The DREYFUS FUND INCORPORATED, The Dreyfus Leverage Fund, Inc., Dreyfus Number Nine, Inc., The Dreyfus Special Income Fund, Inc., The Dreyfus Third Century Fund, Inc., Dreyfus Liquid Assets, Inc., Dreyfus Money Market Instruments, Inc., Dreyfus A Bonds Plus, Inc., Dreyfus Tax Exempt Bond Fund, Inc., Dreyfus Tax Exempt Money Market Fund Inc., The Dreyfus Corporation, Dreyfus Service Corporation, Dreyfus Management, Inc., and Dreyfus Gold Deposits, Inc., Plaintiffs, v. The ROYAL BANK OF CANADA, Defendant.

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

November 6, 1981.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan, Laurence Greenwald, Vivienne W. Nearing, Esq., Bruce H. Schneider, David Welkowitz, Amster, Rothstein & Engelberg, New York City, of counsel, for plaintiffs.

Kenyon & Kenyon, William T. Boland, Jr., Arthur D. Gray, Philip J. McCabe, New York City, of counsel, for defendant.

SOFAER, District Judge:

Plaintiffs have moved preliminarily to enjoin the defendant from continuing an advertising campaign that allegedly infringes plaintiffs' registered and common law service marks, constitutes unfair competition, and dilutes plaintiffs' marks. Relief is sought for trademark infringement, 15 U.S.C. § 1114 (1964), for violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and for...

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