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NEW YORK STOCK EXCHANGE, INC. v. GAHARY

No. 00 Civ. 5764(RLC).

196 F.Supp.2d 401 (2002)

NEW YORK STOCK EXCHANGE, INC., Plaintiff, v. David GAHARY and John Zito, Defendants.

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

April 8, 2002.

Attorney(s) appearing for the Case

Baker Botts LLP (Richard S. Last, Neil P. Sirota, of counsel), New York City, for Plaintiff.

Agnes C. McKeon (Agnes C. McKeon, of counsel), New York City, for Defendant.

OPINION

ROBERT L. CARTER, District Judge.

Plaintiff New York Stock Exchange moves for summary judgment on its claims that defendants David Gahary and John Zito have used variations of the name "Richard Grasso," without plaintiff's permission, to post offensive messages to certain internet bulletin boards, in violation of Section 43(a) of the Lanham Act,1 New York State's General Business Law Sections 349 and 350, and New York...

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