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AMERICAN NAT. THEATRE v. AMERICAN NAT. THEATRE

No. 05 Civ. 4535(JGK).

472 F.Supp.2d 487 (2006)

The AMERICAN NATIONAL THEATRE AND ACADEMY, Plaintiff, v. The AMERICAN NATIONAL THEATRE INC., Defendant.

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

September 27, 2006.

Attorney(s) appearing for the Case

Arlana S. Cohen, Eric Joseph Shimanoff, William M. Borchard, Cowan, Liebowitz & Latman, P.C., New York, NY, for Plaintiff.

Claudia Elizabeth Ray, O'Melveny & Myers LLP, New York, NY.

Dale Margaret Cendali, O'Melveny & Myers LLP, Howard L. Blau, Blau, Kayman & Barrows, Jenifer Dewolf Paine, Proskauer Rose LLP, New York, NY, for Defendants.

OPINION & ORDER

KOELTL, District Judge.

The American National Theatre and Academy ("ANTA") brought this action seeking, in part, to enjoin the defendant from using the name "The American National Theatre Inc." ("ANT"). In Count One of its First Amended Complaint, the plaintiff asserts that the defendant's use of the name "The American National Theatre Inc." violates ANTA's exclusive right pursuant to 36 U.S.C. § 21904. ANTA has moved for partial...

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