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CAR-FRESHNER CORP. v. BIG LOTS STORES, INC.

No. 02-CV-1343.

314 F.Supp.2d 145 (2004)

CAR-FRESHNER CORPORATION and Julius Samann Ltd, Plaintiffs, v. BIG LOTS STORES, INC. and Midwestern Home Products, Inc., Defendants.

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

April 23, 2004.

Attorney(s) appearing for the Case

Mackenzie Hughes LLP (Nancy L. Pontius, Esq., of Counsel), Syracuse, NY, Oblon, Spivak Law Firm (Roberta S. Bren, Esq., Jonathan Hudis, Esq., of Counsel), Alexandria, VA, for Plaintiffs.

Hiscock & Barclay, LLP, (Robert A. Barrer, Esq., John D. Cook, Esq., of Counsel), Syracuse, NY, for Defendants.

MEMORANDUM-DECISION and ORDER

MCAVOY, Senior District Judge.

I. INTRODUCTION

Plaintiffs Car-Freshner Corporation ("CFC") and Julius Samann LTD ("JSL") commenced the instant action against Defendants Big Lots Stores, Inc. ("BLS") and Midwestern Home Products, Inc. ("MHP") alleging trademark infringement, false designation of origin, common law trademark infringement, unfair competition, and trademark counterfeiting arising out of Defendants' sale...

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