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FINANCIAL MATTERS, INC. v. PEPSICO, INC.

No. 92 Civ. 7497 (RO).

806 F.Supp. 480 (1992)

FINANCIAL MATTERS, INC. et al., Plaintiffs, v. PEPSICO, INC. and Monsieur Henri Wines, Ltd., Defendants.

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

November 17, 1992.

Attorney(s) appearing for the Case

Baer Marks & Upham, New York City, for plaintiffs; Howard Graff, Deborah A. Skakel, Peter E. Cooper, of counsel.

Weiss Dawid Fross Zelnick & Lehrman, P.C., New York City, for defendant PepsiCo; Allan Zelnick, Lisa Pearson, of counsel.

Buchman & O'Brien, New York City, for defendant Monsieur Henri Wines; Lewis R. Shafer, of counsel.

OPINION AND ORDER

OWEN, District Judge.

Financial Matters, Inc. ("FMI") and Modern Classic Marketing, d/b/a Stolichnaya Import company, move for a preliminary injunction against PepsiCo and Monsieur Henri Wines. PepsiCo and MHW cross-move for an injunction against plaintiffs. At issue are the trademark rights in "Stolichnaya" vodka.

On this record, the following appears. In 1973 PepsiCo entered into an agreement with Sojuzplodoimport ("SPI"), the...

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