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OMICRON CAPITAL, LLC. v. OMICRON CAPITAL, LLC.

No. 05 Civ. 0960(RWS).

433 F.Supp.2d 382 (2006)

OMICRON CAPITAL, LLC, Plaintiff, v. OMICRON CAPITAL, LLC, Defendant.

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

June 7, 2006.

Attorney(s) appearing for the Case

Feldman Weinstein, by Eric Weinstein, Esq. of Counsel, New York City, for Plaintiff.

Quinn Emanuel Urquhart Oliver & Hedges, by Jeffrey A. Conciatori, Esq., Emily B. Costello, Esq. of Counsel, New York City, for Defendant.

OPINION

SWEET, District Judge.

Defendant Omicron Capital LLC ("Defendant") has moved for summary judgment pursuant to Rule 56, Fed.R.Civ.P., to dismiss the complaint filed by Omicron Capital, LLC ("Plaintiff'). Plaintiff has cross-moved for summary judgment on its complaint. At issue is the use of the common name of the parties. For the reasons set forth below, the motion of Defendant is granted, and the cross-motion of Plaintiff is denied.

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