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DC COMICS v. KRYPTONITE CORP.

No. 00 CV 5562 (RO).

336 F.Supp.2d 324 (2004)

DC COMICS, Plaintiff, v. KRYPTONITE CORPORATION, Defendant.

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

September 20, 2004.

Attorney(s) appearing for the Case

Patrick T. Perkins, Fross Zelnick Lerhman & Zissu, P.C., New York, NY, for DC Comics.

William R. Grimm, Hinckley Allen & Snyder, LLP, Boston, MA and Jonathan E. Moskin, White & Case LLP, New York, NY, for Kryptonite Corp.

OPINION AND ORDER

OWEN, District Judge.

DC Comics, the publisher of comic books and magazines featuring Superman, filed the instant action in 2000 against Kryptonite Corporation ("KC"), the manufacturer of bicycle locks and accessories, alleging breach of contract, trademark infringement, unfair competition, trademark dilution, and related state law claims. KC, in turn, alleges as counter-claims: rescission, a declaration that DC Comics has no trademark...

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