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DIAL-A-MATTRESS v. MATTRESS MADNESS

No. 92-CV-3670 (TCP).

847 F.Supp. 18 (1994)

DIAL-A-MATTRESS OPERATING CORP., Plaintiff, v. MATTRESS MADNESS, INC., 2765 Bedding Corp. and/or 2765 Bedding Corp. d/b/a Mattress Madness, 1947 Bedding Corp., Dial-A-Mattress Inc., a New York Corporation, Mark Graber, Craig Graber, and Richard Graber, Defendants.

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

April 5, 1994.

Attorney(s) appearing for the Case

Robert S. Fink, Kathryn Kenneally, Kostelanetz, Ritholz, Tigue & Fink, New York City, for plaintiff.

Mitchell A. Stein, Steven M. Hoffberg, Stein & Hoffberg, New York City, for defendants.

MEMORANDUM AND ORDER

PLATT, Chief Judge.

Defendants have moved for reconsideration of this Court's grant of a preliminary injunction against defendants' use of the name Dial-A-Mattress in commerce or, in the alternative, a stay of that Order pending an appeal to the United States Court of Appeals for the Second Circuit. Dial-A-Mattress Operating Corp. v. Mattress Madness, Inc., 841 F.Supp. 1339 (E.D.N.Y...

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