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LUV N' CARE, LTD. v. MAYBORN USA, INC.

No. 11 Civ. 2460.

898 F.Supp.2d 634 (2012)

LUV N' CARE, LTD. and Admar International, Inc., Plaintiffs, v. MAYBORN USA, INC., Defendant.

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

July 30, 2012.

Attorney(s) appearing for the Case

Jorge A. Guerrero, Esq., New York, NY, Lee A. Goldberg, Esq., Morris E. Cohen, Esq., Goldberg Cohen, LLP, New York, NY, for Plaintiffs.

Deepro R. Mukerjee, Esq., Victoria Elizabeth Spataro, Esq., Jessica Lynne Supernaw, Esq., Srilakshmi Madhavi Ravi, Esq., Alston & Bird, LLP(NYC), New York, NY, Elizabeth Jordan, Esq., James C. Grant, Esq., Alston & Bird LLP, Atlanta, GA, for Defendant.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

Luv n' Care, Ltd. and Admar International, Inc. (collectively, "LNC") bring this infringement action against Mayborn USA, Inc. ("Mayborn"). LNC alleges that its no-spill drinking cup design patent and corresponding trade dress are infringed by Mayborn's Tommee Tippee ("TT") Sippy Cup, and also claims unfair competition under New York state law. Mayborn now moves for summary...

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