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DESSERT BEAUTY, INC. v. FOX

No. 05 Civ. 3872(DC).

617 F.Supp.2d 185 (2007)

DESSERT BEAUTY, INC., Plaintiff, v. Mara FOX, Defendant. Mara Fox, Third-Party Plaintiff, v. Sephora USA, Inc. and Does 1 through 10, Inclusive, Third-Party Defendants.

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

August 6, 2007.

Attorney(s) appearing for the Case

Cowan, Liebowitz & Latman, P.C., by: Arlana S. Cohen, Esq., Jason D. Sanders, Esq., New York, NY, for Plaintiff and Third-Party Defendants.

The Duboff Law Group, LLC, by: Leonard D. DuBoff, Esq., Portland, OR, for Defendant and Third-Party Plaintiff.

MEMORANDUM DECISION

CHIN, District Judge.

In this case, Dessert Beauty, Inc. ("DBI") brings suit against Mara Fox, seeking, inter alia, a judgment declaring that it is not infringing upon Fox's trademark rights and cancelling Fox's registration for the "Love Potion" trademark.

Fox asserts counterclaims against DBI and third-party claims against Sephora, Inc. for: (1) trademark infringement under both federal and state law, (2) false...

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