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FRUIT-ICES CORP. v. COOLBRANDS INTERN., INC.

No. 04 Civ. 5218(PKC).

335 F.Supp.2d 412 (2004)

FRUIT-ICES CORPORATION, Plaintiff, v. COOLBRANDS INTERNATIONAL INCORPORATED, Calip Dairies, Inc., Richard E. Smith and Does 1-8, Defendants.

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

August 20, 2004.

Attorney(s) appearing for the Case

Laura E. Popp, Patrick T. Perkins, Parick Thierry Perkins, Fross Zelnick Lehrman & Zissu, P.C., New York City, for plaintiff.

Gregg Adam Paradise, Kenyon & Kenyon, New York City, for defendants.

MEMORANDUM AND ORDER

CASTEL, District Judge.

Plaintiff Fruit-Ices Corporation ("Fruit-Ices"), brings this action against CoolBrands International Inc. ("CoolBrands"), and a number of its related entities, claiming trade dress infringement and unfair competition under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). Plaintiff also claims trademark dilution under section 1125(a) and a number of state law unfair competition and dilution claims...

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