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GARDEN WAY, INC. v. HOME DEPOT, INC.

No. 00-CV-0357 (LEK/RWS).

94 F.Supp.2d 276 (2000)

GARDEN WAY, INC., Plaintiff, v. THE HOME DEPOT, INC., Deere & Company and John Deere Company, Defendants.

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

April 18, 2000.

Attorney(s) appearing for the Case

Maria T. Vullo, Paul, Weiss Law Firm, New York City, for plaintiff.

Richard A. Kurnit, David Y. Atlas, Gerald E. Singleton, Frankfurt, Garbus Law Firm, New York City, for defendants.

MEMORANDUM—DECISION AND ORDER

KAHN, District Judge.

Plaintiff seeks an injunction ordering defendant Home Depot to cease dissemination of its nationwide buyer's guide which contains a comparative advertisement from defendant John Deere. For the reasons set forth below, Plaintiff's motion is granted in its entirety.

I. BACKGROUND

The mowing season is upon us, and litigation and pollen are in the air. Plaintiff Garden Way and...

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