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IN RE PORTRAIT CORP. OF AMERICA, INC.

No. 06-22541RDD.

406 B.R. 637 (2009)

In re PORTRAIT CORPORATION OF AMERICA, INC., et al., Debtors.

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

July 7, 2009.

Attorney(s) appearing for the Case

McDermott Will & Emery LLP, by Gary O. Ravert, Esq., Nathan F. Coco, Esq., and Brent A. Hawkins, Esq., for CPI Corp.

Buckingham, Doolittle & Burroughs, LLP, by David Bertsch, Esq., and Joshua S. Berger, Esq.; and Curtis, Mallet-Prevost, Colt & Mosle, LLP, by L.P. Harrison 3rd, Esq., and Theresa A. Foudy, Esq., for Picture Me Press, LLC.

MEMORANDUM OF DECISION ON MOTION TO ENFORCE SALE ORDER

ROBERT D. DRAIN, Bankruptcy Judge.

For the reasons stated below, this Court exercises its discretion to abstain under 28 U.S.C. 1334(c)(1) from deciding whether a trademark infringement action may be maintained against a buyer pursuant to a free and clear sale under section 363(f) of the Bankruptcy Code of the allegedly infringing trademark. That issue should instead be decided in the underlying...

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