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HEISMAN TROPHY TRUST v. SMACK APPAREL CO.

No. 08 Civ. 9153(VM).

665 F.Supp.2d 420 (2009)

The HEISMAN TROPHY TRUST, Plaintiff, v. SMACK APPAREL CO., Defendant.

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

October 19, 2009.

Attorney(s) appearing for the Case

Howard S. Zelbo, Lawrence B. Friedman, Cleary Gottlieb Steen & Hamilton, LLP, New York, NY, for Plaintiff.

James William Tilly, The Tilly Law Firm, Tulsa, OK, Kelly Douglas Talcott, K & L Gates, LLP, New York, NY, for Defendant.

DECISION AND ORDER

VICTOR MARRERO, District Judge.

Plaintiff The Heisman Trophy Trust ("The Heisman Trust") brought this action alleging that defendant Smack Apparel Company ("Smack Apparel") failed to comply with a settlement agreement that Smack Apparel had entered into with the predecessor to The Heisman Trust (the "Settlement Agreement"). That agreement required Smack Apparel to refrain from using marks that were "confusingly similar" to certain...

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