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LORILLARD TOBACCO CO. v. AMOCO & FOOD SHOP 5, INC.

No. 03 C 5540.

360 F.Supp.2d 882 (2005)

LORILLARD TOBACCO COMPANY, a Delaware corporation, Plaintiff, v. AMOCO & FOOD SHOP 5, INC., Defendant.

United States District Court, N.D. Illinois, Eastern Division.

March 3, 2005.

Attorney(s) appearing for the Case

John S. Pacocha, Greenberg Traurig, LLP, Cameron Matthew Nelson, Greenberg Traurig, LLP., Jeffrey G. Mote, Greenberg Traurig, LLP, Paul A. Haskins, Greenberg Traurig, LLP., Sarah M Burke, Greenberg Traurig, LLP., Chicago, IL, for Lorillard Tobacco Company a Delaware corporation, Plaintiff.

Allan A. Ackerman, Allan A. Ackerman, P.C., Chicago, IL, for Amoco & Food Shop 5, Inc., Defendant.

MEMORANDUM OPINION AND ORDER

GETTLEMAN, District Judge.

Plaintiff Lorillard Tobacco Company ("Lorillard") filed a six-count complaint pursuant to the Lanham Act, 15 U.S.C. § 105 et seq. seeking damages and injunctive relief against defendant Amoco & Food Shop 5, Inc. ("FS5"), the operator of a gas station and food shop that sells cigarettes, including plaintiff's Newport brand. Plaintiff alleges that defendant sold and offered for...

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