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ESTATE OF ELLINGTON v. HARBREW IMPORTS LTD.

No. 09-CV-3359 (KAM)(ALC).

812 F.Supp.2d 186 (2011)

The ESTATE OF MERCER K. ELLINGTON, by its Executor, Paul ELLINGTON, Plaintiff/Counter-claim Defendant, v. HARBREW IMPORTS LTD. and Iconic Brands, Inc., Defendants. Harbrew Imports Ltd. and Iconic Brands, Inc., Third-Party Plaintiffs, v. Steven D. Shaw, Jr.; SDS Enterprises LLC; Seth J. White; EGS Development, Inc.; CMG Worldwide, Inc.; and "John Does 1 through 10," Third-Party Defendants.

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

September 19, 2011.

Attorney(s) appearing for the Case

Richard J.J. Scarola, Alexander Zubatov, Scarola Malone & Zubatov LLP, New York, NY, for Plaintiff/Counterclaim Defendant.

Alan S. Berkowitz, Alan S. Berkowitz, Esq., Bonnie Lynn Mohr, Law Offices of Bonnie L. Mohr, New York, NY, Theodore J. Minch, Sovich Minch, LLP, MC Cordsville, IN, for Third-Party Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION

MATSUMOTO, District Judge.

Plaintiff/counter-claim Defendant Mercer K. Ellington, by its Executor, Paul Ellington ("plaintiff" or "Ellington Estate") commenced the instant action against defendants Harbrew Imports Ltd. and Iconic Brands, Inc. ("defendants") alleging that defendants used the name Duke Ellington and other registered trademarks of the Ellington Estate without authorization in the marketing and...

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