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LUV N' CARE, LTD. v. WALGREEN CO.

No. 08 Civ. 4457(DC).

695 F.Supp.2d 125 (2010)

LUV N' CARE, LTD. and Admar International, Inc., Plaintiffs, v. WALGREEN CO. and Kmart Corp., Defendants.

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

March 19, 2010.

Attorney(s) appearing for the Case

Pearl Cohen Zedek & Latzer LLP, by Morris E. Cohen, Esq., New York, NY, and Feldman Gale, P.A., by James A. Gale, Esq., Miami, FL, for Plaintiffs.

Schlam Stone & Dolan LLP, by Bennette Deacy Kramer, Esq., New York, NY, and Christopher & Weisberg, P.A., by Jason R. Buratti, Esq., Alan M. Weisberg, Esq., Jeffrey H. Kamenetsky, Esq., Garrett A. Barten, Esq., Fort Lauderdale, FL, and Wiley, Rein & Fielding LLP, by Floyd B. Chapman, Esq., Robert J. Scheffel, Esq., Washington, DC, for Defendant Walgreen Co.

OPINION

CHIN, District Judge.

Plaintiffs Luv N' Care, Ltd. ("LNC") and Admar International, Inc. ("Admar") market baby products under the mark NUBY. Defendant Walgreen Co. ("Walgreens") was a retailer of plaintiffs' products. Plaintiffs allege that Walgreens sold "knock-off" copies of two of plaintiffs'"sippy cups." Plaintiffs further allege that Walgreens perpetrated a "bait and switch" scheme on LNC customers by shelving the look-a-like products...

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