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THOMPSON MEDICAL v. NATIONAL CENTER OF NUTRITION

No. 89 Civ. 3095 (CSH).

718 F.Supp. 252 (1989)

THOMPSON MEDICAL COMPANY, INC., Plaintiff, v. NATIONAL CENTER OF NUTRITION, INC., Defendant.

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

August 31, 1989.

Attorney(s) appearing for the Case

Curtis, Mallet-Prevost Colt & Mosle, New York City, for plaintiff; Eliot Lauer, Daniel R. Lenihan, Miriam K. Harwood, of counsel.

Fitzpatrick, Cella, Harper & Scinto, New York City, for defendant; Lawrence F. Scinto, William D. Stokes, Alexandria, Va., of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

This is a federal trademarks case in which state law claims are also asserted. Plaintiff Thompson Medical Company, Inc. ("Thompson") is a New York corporation maintaining its principal place of business in New York City. Since 1978 Thompson has marketed and sold in retail stores nationwide a line of meal replacement diet products under the registered trademark SLIM-FAST. In early 1988 Thompson introduced...

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