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NIKKAL INDUSTRIES, LTD. v. SALTON, INC.

87 Civ. 6092 (CHT).

735 F.Supp. 1227 (1990)

NIKKAL INDUSTRIES, LTD., Plaintiff, v. SALTON, INC., Defendant.

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

April 24, 1990.

Attorney(s) appearing for the Case

Ginsburg, Feldman & Bress, Chartered, Washington, D.C. (Mary Helen Sears, Jonathan Ginsburg, Beth A. Rosenbloom, of counsel), Lynch, Rowin, Burnbaum & Crystal, P.C., New York City (Marc Rowin, of counsel), for plaintiff.

Dewey, Ballentine, Bushby, Palmer & Wood, New York City (Sanford M. Litvack, Jonathan W. Miller, David A. Koenigsberg, Channah S. Broyde, of counsel), for defendant.

OPINION

TENNEY, District Judge.

Plaintiff, Nikkal Industries, Ltd. ("Nikkal"), brings this action against defendant, Salton, Inc. ("Salton"), alleging that Salton has violated section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1988), by making false claims about a home ice-cream maker sold by Salton. The case was tried to the court and the following, including those additional facts referred to in the Discussion, constitutes the court's findings...

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