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STERN'S MIRACLE-GRO v. SHARK PRODUCTS

No. 92 Civ. 9307 (PKL).

823 F.Supp. 1077 (1993)

STERN'S MIRACLE-GRO PRODUCTS, INC., Plaintiff, v. SHARK PRODUCTS, INC., Defendant.

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

February 16, 1993.

Attorney(s) appearing for the Case

Abelman, Frayne & Schwab, New York City (Lawrence E. Abelman, Jeffrey A. Schwab, Norman S. Beier, Michael Aschen, of counsel), for plaintiff.

Steinberg & Raskin, New York City (Martin G. Raskin, of counsel), for defendant.

OPINION AND ORDER

LEISURE, District Judge:

This is an action for trademark infringement, false designation of origin, dilution and unfair competition. Plaintiff Stern's Miracle-Gro Products, Inc. ("Stern's"), producer of plant fertilizer products, has moved for a preliminary injunction prohibiting defendant Shark Products, Inc. ("Shark") from infringing upon plaintiff's mark by marketing certain hair...

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