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AEROGROUP INTERN., INC. v. MARLBORO FOOTWORKS

No. 96 Civ. 2717 (DLC).

955 F.Supp. 220 (1997)

AEROGROUP INTERNATIONAL, INC., Plaintiff, v. MARLBORO FOOTWORKS, LTD., Laurence D. Koplan, Steven Goldberg, Gredico Footwear Ltd., Town Shoes Ltd., Bata Industries Ltd., Goldport Enterprises, Inc., Marlboro Footworks Ltd., (Taiwan), Masateru Uehara, Frederick Atkins, Inc., Weiss & Neuman Shoe Co., Melville Corporation, Shoe Carnival, Inc., and National Independent Retailers, Inc., Defendants.

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

February 4, 1997.

Attorney(s) appearing for the Case

Vito R. Vincenti, Bart J. Eagle, Paul J. Vincenti, Law Offices of Vito R. Vincenti, P.C., New York City, for Plaintiff Aerogroup, Int'l, Inc.

William M. Dallas, Jr., Michael J. Bowe, Sullivan & Cromwell, New York City, for Defendant Bata Industries Ltd.

Charles R. Hoffman, A. Thomas Kammer, Alan M. Sack, Hoffman & Baron, Jericho, NY, for the Marlboro Defendants.

OPINION AND ORDER

COTE, District Judge:

Plaintiff Aerogroup International, Inc. ("Aerogroup") has brought this action against Marlboro Footworks Ltd. ("Marlboro"), an American buying agent, and certain of its American and Canadian customers, alleging that the defendants have infringed its intellectual property rights in its Aerosoles shoes. Marlboro and one of its Canadian customers, Bata Industries Ltd. ("Bata"), have moved to dismiss this action...

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