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MOTION PICTURE ASS'N v. RATED R CLOTHING, INC.

No. 86 Civ. 1131 (JFK).

646 F.Supp. 22 (1986)

MOTION PICTURE ASSOCIATION OF AMERICA, INC., Plaintiff, v. RATED R CLOTHING, INC., and Biya Katz, an individual, Defendants.

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

March 4, 1986.

Attorney(s) appearing for the Case

Nims, Howes, Collison & Isner, New York City, for plaintiff; Andrew Baum, of counsel.

Abady & Jaffe, New York City, for defendants; Matthew G. Dineen, Samuel A. Abady, of counsel.

OPINION AND ORDER

KEENAN, District Judge:

Plaintiff, whose primary business is operation of the familiar motion picture rating system,1 moves the Court for a preliminary injunction against defendants, sellers of women's dresses. Plaintiff asserts that by naming its company "Rated R Clothing, Inc.," and using this name on dress labels and other public advertising, defendants are engaging in trademark infringement, false designation...

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