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CROSS MEDIA MARKETING CORP. v. BUDGET MARKETING, INC.

No. 02 Civ.9722(LAK).

319 F.Supp.2d 482 (2004)

CROSS MEDIA MARKETING CORPORATION, Plaintiff, v. BUDGET MARKETING, INC., et al., Defendants.

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

May 25, 2004.

Attorney(s) appearing for the Case

P. Bradley O'Neill, Kramer Levin Naftalis & Frankel LLP, New York City, for Plaintiff.

MEMORANDUM OPINION

KAPLAN, District Judge.

This Lanham Act case was brought in 2002 and settled pursuant to an agreement dated January 29, 2003 which called for certain defendants to make periodic payments to plaintiff. The agreement further provided that, upon execution and receipt of the initial payment, the parties would discontinue the action without prejudice and then recited that "[n]otwithstanding such dismissal, the Court shall retain continuing...

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