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S. L. KAYE CO., INC. v. DULCES ANAHUAC, S. A.

No. 80 Civ. 5651 (CBM).

524 F.Supp. 17 (1981)

S. L. KAYE CO., INC., Plaintiff, v. DULCES ANAHUAC, S. A., Defendant.

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

February 17, 1981.

Attorney(s) appearing for the Case

Yuter, Rosen & Dainow by S. C. Yuter, New York City, Mitchell R. Katzman, New York City, for plaintiff.

Raymond, Schneider, Frank & Feldman by George A. Spadoro, Nicholas J. Spadoro, New York City, for defendant.

MEMORANDUM OPINION

MOTLEY, District Judge.

Plaintiff, S. L. Kaye Co., Inc. (SLK), alleges in its twelve count complaint that defendant, Dulces Anahuac (Dulces), sold or offered to sell a candy packed in a bag and box similar in design to a bag and box designed by SLK, thereby (1) breaching an exclusive rights contract between the parties; (2) committing the tort of unfair competition; (3) violating the New York misappropriation and dilution statute, §...

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