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PARROT JUNGLE, INC. v. PARROT JUNGLE INC.

81 Civ. 100.

512 F.Supp. 266 (1981)

PARROT JUNGLE, INC., A CORP. OF the STATE OF FLORIDA, Plaintiff, v. PARROT JUNGLE, INC., A CORP. OF the STATE OF NEW YORK, and Steven Kates, Defendants.

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

April 15, 1981.

Attorney(s) appearing for the Case

Jack E. Dominik, P. A., Miami, Fla., (Robert S. Levy, New York City, of counsel), for plaintiff.

Bertram Frank, P. C., New York City, (Jeff Greenman and Vincent M. Fazzari, New York City, of counsel), for defendants.

OPINION

OWEN, District Judge.

Plaintiff Parrot Jungle, Inc. ("Parrot-Miami") moves this court for an order pursuant to Fed.R.Civ.P. 65 preliminarily enjoining defendants Parrot Jungle, Inc. ("Parrot-New York") and its president, Steven Kates, from using the name "Parrot Jungle." Plaintiffs allege that such use constitutes a violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), which prohibits, inter alia, the use of a false designation...

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