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SPEARMINT RHINO COMPANIES v. D.B.D. MANAGEMENT

No. 0461251CVDIMITROULEAS.

367 F.Supp.2d 1362 (2005)

THE SPEARMINT RHINO COMPANIES WORLDWIDE, INC., Plaintiff, v. D.B.D. MANAGEMENT, INC., and Entertainment Management Services Inc., Defendants.

United States District Court, S.D. Florida.

January 6, 2005.

Attorney(s) appearing for the Case

Matthew Scott Nelles, Ruden McClosky Smith Schuster & Russell, Fort Lauderdale, FL, for Plaintiff.

Michael Joseph McNerney, Mark Andrew Levy, Brinkley McNerney Morgan Solomon & Tatum, Fort Lauderdale, FL, for Defendants.

ORDER

DIMITROULEAS, District Judge.

THIS CAUSE is before the Court on Defendants' November 8, 2004 Motion to Dismiss [DE-7], and having considered Plaintiff's ("Rhino") December 8, 2004 Opposition [DE-10] and Defendants' ("DBD" and "EMS") December 21, 2004 Reply [DE-12], the Court finds as follows:

1. On September 23, 2004, Rhino filed a four-count Complaint alleging Trademark Infringement. Federal Unfair Competition, Common Law Unfair Competition...

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