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PATSY'S ITALIAN RESTAURANT, INC. v. BANAS

Nos. 06-CV-0729 (RER), 06-CV-5857 (RER).

575 F.Supp.2d 427 (2008)

PATSY'S ITALIAN RESTAURANT, INC., Patsy's Brand, Inc., Plaintiffs, v. Anthony BANAS d/b/a Patsy's, Patsy's Pizzeria, 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., and Patsy's, Inc., Defendants and Counterclaim Plaintiffs.

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

September 9, 2008.

Attorney(s) appearing for the Case

Norman H. Zivin, Robert Thomas Maldonado, Tonia A. Sayour, Cooper & Dunham, LLP, New York, NY, for Plaintiffs*Counterclaim Defendant.

Cesar Augusto Fernandez, New York, NY, Paul Grandinetti, Rebecca Stempien, Levy & Grandinetti, Washington, DC, Steven M. Levy, Gary, IN, for Defendants*Counterclaim Plaintiffs.

OPINION & ORDER

RAMON E. REYES, Jr., United States Magistrate Judge:

More than five years ago, the Court of Appeals for the Second Circuit admonished the major parties in this litigation "that henceforth they would be well advised to minimize the risk of confusion by identifying their restaurants by the complete names: `Patsy's Italian Restaurant' and `Patsy's Pizzeria.'" Patsy's Brand, Inc. v. I.O.B. Realty, Inc., 317 F...

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