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SPOTLESS ENTERPRISES INC. v. THE ACCESSORY CORP.

No. 05-cv-01939(ADS)(ETB).

415 F.Supp.2d 203 (2006)

SPOTLESS ENTERPRISES INCORPORATED, Plaintiff, v. The ACCESSORY CORPORATION, Defendant. The Accessory Corporation, Third Party Plaintiff v. Spotless Enterprises Incorporated., Spotless Plastics Pty. Ltd., a/k/a Plastform, a/k/a Plasti-Form Spotless Group, Third Party Defendants.

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

February 17, 2006.

Attorney(s) appearing for the Case

Scully, Scott, Murphy & Presser by Frank S. DiGiglio, Esq., and Paul Joseph Esatto, Jr., Esq., of Counsel, Garden City, NY, for Plaintiff and Third Party Defendants.

Goldberg Rimberg & Friedlander by Joel Steven Schneck, Esq., of Counsel, New York City, for Defendant and Third Party Plaintiff.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

In this patent infringement case the Court must determine the winner of a race to the courthouse. The defendant The Accessory Corporation ("TAC"), claims that prior to the commencement of this action by the plaintiff Spotless Enterprises Incorporated, ("Spotless Enterprises"), TAC commenced an action in the United States District Court for the Southern District of New York ("SDNY Action") against...

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