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McDONALD'S CORP. v. McBAGEL'S, INC.

No. 85 Civ. 7868 (JMW).

649 F.Supp. 1268 (1986)

McDONALD'S CORPORATION, Plaintiff, v. McBAGEL'S, INC. and Ken McShea, Defendants.

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

December 10, 1986.

Attorney(s) appearing for the Case

Robert E. Wagner, Wallenstein, Wagner, Hattis, Strampel & Aubel, Chicago, Ill., Joseph D. Garnon, Brumbaugh, Graves, Donohue & Raymond, New York City, John R. Horwitz, Sr. Corporate Atty., Oak Brook, Ill., for plaintiff.

Lawrence S. Lawrence, Yvonne Cort, Lawrence, Ciovacco and Walsh P.C., Hempstead, N.Y., for defendants.

OPINION

WALKER, District Judge:

Plaintiff McDonald's Corporation ("McDonald's") brings this action to enjoin the Defendants McBagel's, Inc. ("McBagel's") and its sole shareholder Ken McShea ("McShea") from using the name "McBAGEL'S" in connection with a bagel bakery and restaurant located in Fishkill, New York. McDonald's claims that defendants are violating both statutory and common law, and asserts causes of action for trademark infringement under 15 U...

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