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PHILIP MORRIS INC. v. STAR TOBACCO CORP.

No. 95 Civ. 321 (CSH).

879 F.Supp. 379 (1995)

PHILIP MORRIS INCORPORATED, Plaintiff, v. STAR TOBACCO CORPORATION, Defendant.

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

March 21, 1995.

Attorney(s) appearing for the Case

Anthony L. Fletcher, Kristen H. Sorenson, Hunton & Williams, New York City, for plaintiff.

Henry F. Schuelke, Lawrence H. Wechsler, S. Robert Sutton, Janis, Schuelke & Wechsler, Washington, DC, William M. Brodsky, Baden, Kramer, Huffman & Brodsky, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

In this Lanham Act case to which common and state law claims are appended, one manufacturer of cigarettes sues another for alleged infringement of trade dress and seeks a preliminary injunction.

Background

Plaintiff Philip Morris Incorporated ("Philip Morris") manufactures and sells cigarettes under the brand name MARLBORO.1 In December 1955...

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