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  5. 508 F.Supp.2d 194 (2007)
 

PATSY'S ITALIAN RESTAURANT, INC. v. BANAS

Nos. 06-CV-00729 (DLI)(RER), 06-CV-05857 (DLI)(RER).

508 F.Supp.2d 194 (2007)

PATSY'S ITALIAN RESTAURANT, INC. and Patsy's Brand, Inc., Plaintiffs v. Anthony BANAS d/b/a Patsy's, Patsy's Pizzeria, and Patsy's Bakery & Café and Anthony & Patsy's Inc., Defendants. Patsy's Italian Restaurant, Inc., Plaintiff and Counterclaim Defendant v. Anthony Banas d/b/a Patsy's and Patsy's Pizzeria Trattoria Impazzire, Allan Zyller d/b/a Patsy's and Patsy's Pizzeria Trattoria Impazzire, Al & Anthony's Patsy's, Inc., I.O.B. Realty, Inc., Patsy's, Inc. and BSZ Realty Corp., Defendants and Counterclaim Plaintiffs.

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

August 28, 2007.

Attorney(s) appearing for the Case

Norman H. Zivin, Robert Thomas Maldonado, Tonia A. Sayour, Cooper & Dunham, LLP, New York City, for Plaintiffs.

Kieran X. Bastible, Meyer, Suozzi, English & Klein, PC, Garden City, NY, Paul Grandinetti, Rebecca Stempien, Levy & Grandinetti, Washington, DC, for Defendants.

OPINION & ORDER

IRIZARRY, District Judge:

For over six decades, plaintiffs' and defendants' "restaurants, both of which include "Patsy's" in their names, have coexisted on the island of Manhattan. The restaurants have successfully kept the risk of confusion to a minimum by identifying plaintiffs' restaurant, known for its traditional Italian fare, as "Patsy's Italian Restaurant," and defendants' restaurants, known for their coal oven fired, thin...

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