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STALEY/ROBESON v. STALEY/ROBESON/RYAN/ST. LAWRENCE

No. 97 Civ. 7279(CM).

38 F.Supp.2d 280 (1999)

STALEY/ROBESON, INC., Plaintiff, v. STALEY/ROBESON/RYAN/ST. LAWRENCE, INC., Defendant.

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

March 2, 1999.

Attorney(s) appearing for the Case

Richard L. Gold, Morelli & Gold, LLP, New York City, for plaintiff.

Robert A. Weisbein, Darby & Darby, P.C., New York City, Robert Chambers, Theodore R. Remaklus, Wood, Herron & Evans, L.L.P., Cincinnati, OH, for defendant.

MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS OR TRANSFER

McMAHON, District Judge.

Defendant in this passing off/unfair competition action, brought under the Lanham Act, 15 U.S.C. § 1125(a), and state common law, has moved to dismiss on the ground of res judicata. The plaintiff and defendant corporations (a New York and an Ohio corporation, respectively) were once affiliated. In the 1980s, they became separate entities, with both...

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