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BEST CELLARS, INC. v. WINE MADE SIMPLE, INC.

No. 01 Civ. 11780(GEL).

320 F.Supp.2d 60 (2003)

BEST CELLARS, INC., Plaintiff, v. WINE MADE SIMPLE, INC., LJG Wines, Inc., Brigitte Baker, William Baker, and Lisa Grossman, Defendants.

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

March 14, 2003.

Attorney(s) appearing for the Case

Gerald B. Lefcourt, New York City (Sheryl E. Reich on the brief), and Leon Friedman, New York City, for plaintiff Best Cellars, Inc.

Thomas A. Smart, Kaye Scholer LLP, New York City (Michael A. Rogoff, Paul C. Llewellyn, on the brief), for defendants Wine Made Simple, Inc., LJG Wines, Inc., Brigitte Baker, William Baker, and Lisa Grossman.

OPINION AND ORDER

LYNCH, District Judge.

Plaintiff Best Cellars, Inc., owns and operates retail wine stores, as do the defendants. Best Cellars claims in this action that its stores use a distinctive trade dress protected by law, and that the wine shops operated by defendants are so similar to plaintiff's that they infringe upon the protections provided to Best Cellars (1) against trademark infringement, trade dress infringement and false designation...

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