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CADBURY BEVERAGES, INC. v. COTT CORP.

No. 92 Civ. 6207 (KTD).

850 F.Supp. 256 (1994)

CADBURY BEVERAGES, INC., Plaintiff, v. COTT CORPORATION and Cott Beverages USA, Inc., Defendants.

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

April 11, 1994.

Attorney(s) appearing for the Case

Robin, Blecker, Daley & Driscoll, New York City, for plaintiff; Albert Robin, Howard B. Barnaby, of counsel.

Skadden, Arps, Slate, Meagher & Flom, New York City, for defendants; Miriam L. Siroky, Bettina Elias, of counsel.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

Plaintiff, Cadbury Beverages, Inc. ("Cadbury") instituted this action against defendants Cott Corporation and Cott Beverages USA, Inc. ("Cott USA") for trademark infringement pursuant to § 32(1)(a) of the Lanham Act, 15 U.S.C. § 1114(1)(a). Subsequently, Cadbury moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Cott Corporation and Cott USA responded...

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