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PHILIP MORRIS USA INC. v. TAMMY'S SMOKE SHOP, INC.

No. CV 09-1899(LDW)(MLO).

726 F.Supp.2d 223 (2010)

PHILIP MORRIS USA INC., Plaintiff, v. TAMMY'S SMOKE SHOP, INC., et al., Defendants.

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

July 19, 2010.

Attorney(s) appearing for the Case

Jennifer Lee Larson, Maia Sevilla-Sharon, Arnold & Porter LLP, New York, NY, for Plaintiff.

Ronald S. Cook, Ronald S. Cook P.C., Smithtown, NY, for Defendants.

MEMORANDUM AND ORDER

WEXLER, District Judge.

Plaintiffs Philip Morris USA Inc. brings this action against defendants Tammy's Smoke Shop, Inc. and Tammy Edwards (collectively, defendants or "Tammy's") asserting claims for trademark infringement under the Lanham Act, 15 U.S.C. § 1051 et seq., and supplemental state law claims based on Tammy's sale of counterfeit MARLBORO® brand cigarettes. The parties cross-moved for summary judgment...

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