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HOUR FITNESS USA v. 24/7 TRIBECA FITNESS

No. 03 Civ. 4069(RLE).

447 F.Supp.2d 266 (2006)

24 HOUR FITNESS USA, INC., Plaintiff, v. 24/7 TRIBECA FITNESS, LLC, et al., Defendants.

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

August 7, 2006.

Attorney(s) appearing for the Case

Ronald Gustav Blum, Manatt, Phelps & Phillips, LLP, New York City, Kevin G. Smith, Sughrue Mion P.L.L.C., Washington, DC, Matthew Hearle, Goldberg, Weprin & Ustin LLP, New York City, W. Mack Webner, Sughrue Mion Zinn McPeak & Seas, Washington, DC, for Plaintiff.

Matthew Hearle, Goldberg, Weprin & Ustin LLP, New York City, for Defendants.

OPINION & ORDER

ELLIS, United States Magistrate Judge.

I. INTRODUCTION

Plaintiff, 24 Hour Fitness ("24 Hour"), brought the following claims against defendants 24/7 Tribeca Fitness, LLC ("24/7"), 24/7 Gym, LLC, Peter Williams ("Williams"), and Peter Williams Enterprises: trademark infringement under 15 U.S.C. § 1114(a); false designation of origin and unfair competition under 15 U.S.C. §...

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