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TOPPS CO., INC. v. CADBURY STANI S.A.I.C.

Docket No. 06-5316-cv.

526 F.3d 63 (2008)

The TOPPS COMPANY, INC., Plaintiff-Appellant, v. CADBURY STANI S.A.I.C., f/k/a Productos Stani Sociedad Anonima Industrial y Comercial, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 15, 2008.

Attorney(s) appearing for the Case

David G. Ebert, New York, NY, (Patricia Hewitt, Mioko Tajika, Caitlin L. Bronner, Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York, NY, of counsel), for Plaintiff-Appellant.

Dennis P. Orr, New York, NY, (Stefan W. Engelhardt, John W.R. Murray, Morrison & Foerster LLP, New York, NY, of counsel), for Defendant-Appellee.

Before: CARDAMONE, and POOLER, Circuit Judges, and KEENAN, District Judge.

CARDAMONE, Circuit Judge:

Plaintiff appeals from a grant of summary judgment in favor of defendant in litigation between two multinational corporations. This litigation concerns chewing gum, principally "Bazooka" bubble gum, known in this country by its small—less than an inch—paper-wrapped package and accompanying comic strip. Chewing gum is a pastime engaged in since ancient times when the substance chewed was a resin taken directly from certain trees...

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