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HEISMAN TROPHY TRUST v. SMACK APPAREL CO.

No. 08 Civ. 9153 (VM).

595 F.Supp.2d 320 (2009)

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

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

January 26, 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 AMENDED ORDER

VICTOR MARRERO, District Judge.

Plaintiff The Heisman Trophy Trust ("The Heisman Trust") brought this action alleging that defendant Smack Apparel Company ("Smack Apparel") breached a settlement agreement with The Heisman Trust, and continues to infringe and dilute The Heisman Trust's trademarks. The Heisman Trust requested an order to show cause for a preliminary injunction pursuant to Fed.R.Civ.P. 65 ("Rule 65"), which...

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