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  5. 784 F.Supp.2d 391 (2011)
 

VIÑA CASA TAMAYA S.A. v. OAKVILLE HILLS CELLAR

No. 10 Civ. 3025 (SHS).

784 F.Supp.2d 391 (2011)

VIÑA CASA TAMAYA S.A., Plaintiff, v. OAKVILLE HILLS CELLAR, INC. d/b/a Dalla Valle Vineyards, Defendant.

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

April 26, 2011.

Attorney(s) appearing for the Case

Richard Scott Schurin, Gottlieb Rackman & Reisman, P.C., New York, NY, for Plaintiff.

Ronald Lawrence Israel, Wolff & Samson, P.C., West Orange, NJ, for Defendant.

Opinion

SIDNEY H. STEIN, District Judge.

Plaintiff Viña Casa Tamaya, S.A. brings this action pursuant to the Lanham Act, 15 U.S.C. § 1051 et seq., and the Declaratory Judgment Act, 28 U.S.C. § 2201 et seq., seeking a declaration that its TAMAYA mark for wine does not infringe the MAYA trademark for wine registered by defendant Oakville Hills Cellar, Inc. d/b/a Dalla Valle Vineyards. Defendant has moved to dismiss the complaint...

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