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BIG ISLAND CANDIES, INC. v. COOKIE CORNER

Civ. No. 01-00449 SOM/LEK.

269 F.Supp.2d 1236 (2003)

BIG ISLAND CANDIES, INC., a Hawaii Corporation, Plaintiff, v. The COOKIE CORNER, a Hawaii General Partnership, James McArthur and Angus McKibbin, The Cookie Masters of Hawaii aka Hawaii Cookie Masters aka Master of Hawaiian Cookies, a Hawaii General Partnership, Defendants.

United States District Court, D. Hawai`i.

May 30, 2003.

Attorney(s) appearing for the Case

Gregory Wood (argued), Fulbright & Jaworski LLP, Austin, TX, Anna M. Elento-Sneed (appeared, but did not argue), Carlsmith, Ball LLP, Honolulu, HI, for Plaintiff.

William G. Meyer, III (argued), Paul A. Schraff (appeared, but did not argue), Dwyer, Schraff, Meyer, Jossem & Bushnell, Honolulu, HI, for Defendants.

ORDER GRANTING DEFENDANTS' MOTION FOR PARTIAL SUMARY JUDGMENT AND DENYING PLAINTIFF'S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT

MOLLWAY, District Judge.

I. INTRODUCTION.

Plaintiff Big Island Candies, Inc. ("BIC"), has sued Defendants The Cookie Corner, James McArthur, Angus McKibbin, and the Cookie Masters of Hawaii ("Cookie Corner"), alleging trade dress infringement and dilution under the Lanham Act and unfair competition under...

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