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AB ELECTROLUX v. BERMIL INDUSTRIES CORP.

No. 07 Civ. 0199(LAK).

481 F.Supp.2d 325 (2007)

AB ELECTROLUX, Plaintiff, v. BERMIL INDUSTRIES CORPORATION, et al., Defendants.

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

April 2, 2007.

Attorney(s) appearing for the Case

James W. Dabney, Julie E. Kamps, Sarah R. Krissoff, Ron Lazebnik, Fried, Frank, Harris, Shriver & Jacobson LLP, New York City, for Plaintiff.

Loretta M. Gastwirth, Jason K. Biasberg, Meltzer, Lippe, Goldstein & Breitstone, LLP, Mineola, NY, Jay Bondell, Schweitzer, Cornman, Gross & Bondell, LLP, New York City, for Defendants.

MEMORANDUM OPINION

KAPLAN, District Judge.

Plaintiff seeks a preliminary injunction to restrain its American distributor from infringing the trademarks under which plaintiff has sold its goods in the United States by selling competitive products under those marks. Likelihood of confusion is not seriously disputed. Defendants contend instead that relief should be denied because plaintiff has acquiesced in its activities or abandoned its marks.

I...

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