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ASPEX EYEWEAR, INC. v. ALTAIR EYEWEAR, INC.

No. 02 CIV. 6195(SCR).

361 F.Supp.2d 210 (2005)

ASPEX EYEWEAR, INC., Contour Optik, Inc., Plaintiffs v. ALTAIR EYEWEAR, INC., Defendant

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

March 7, 2005.

Attorney(s) appearing for the Case

Matthew C. Wagner, Collen Intellectual Property Law, P.C., Ossining, NY, for Plaintiffs.

Brian G. Bodine, Kaustuv M. Das, Vitaliana Conforti, Davis Wright Tremaine LLP, Seattle, WA, Edward J. Davis, Davis, Wright, Tremaine LLP, New York, NY, for Defendant.

MEMORANDUM DECISION AND ORDER

ROBINSON, District Judge.

I. Background

A. Factual History

Aspex Eyewear, Inc. ("Aspex") is a Delaware corporation engaged in the distribution of eyewear, including certain auxiliary lenses which engage primary frames via magnetic attraction, as opposed to mechanical "clips," at the bridge region. Contour Optik, Inc. ("Contour"; Aspex and Contour are collectively referred to herein as...

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