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RICK v. BUCHANSKY

No. 82 Civ. 3906 (RJW).

609 F.Supp. 1522 (1985)

David RICK, Plaintiff, v. Sheldon BUCHANSKY, Edward Pardocchi, James Spinelli, Frankie Graziano, Charles Garone, Vito Balsamo and Charles Garone d/b/a Stellar Productions, Defendants.

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

June 3, 1985.

Attorney(s) appearing for the Case

Sbeglia & Shames, New York City (Richard Sbeglia, New York City, of counsel), for plaintiff.

Lowell B. Davis, Kew Gardens, N.Y., for defendants.

OPINION

ROBERT J. WARD, District Judge.

This action is brought pursuant to the Trademark Act of 1946, 15 U.S.C. § 1051 et seq. Jurisdiction is based upon 28 U.S.C. § 1338(a) and principles of pendent jurisdiction. Plaintiff, David Rick, a manager and promoter of musical groups, holds the registered service mark for "VITO AND THE SALUTATIONS." The mark, not coincidentally, is the name of a "doo...

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