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PREMIER HERBS, INC. v. NATURE'S WAY PRODUCTS, INC.

No. 87 CIV. 6576 (SWK).

689 F.Supp. 180 (1988)

PREMIER HERBS, INC., Plaintiff, v. NATURE'S WAY PRODUCTS, INC., Defendant.

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

May 9, 1988.

Attorney(s) appearing for the Case

Spitzer & Feldman, P.C., by Michael H. Smith, New York City, for plaintiff.

Workman, Nydegger & Jensen by H. Ross Workman, Brent P. Lorimer, Salt Lake City, Utah, Cowan, Liebowitz & Lataman, by William M. Borchard, Elliot M. Schachner, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

Plaintiff has brought suit against defendant claiming violations of § 43(a) of the Trademark Act of 1946, 15 U.S.C. § 1125(a), for use of false descriptions and representations, of 15 U.S.C. § 1114, for trademark infringement and unfair competition, of § 368-d of the New York General Business Law, for wrongful dilution of plaintiff's trademark. Jurisdiction is premised on § 39 of...

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