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07-475 - TR Petroleum, LLC v. Sunoco, Inc. (R&M)


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07-475 - TR Petroleum, LLC v. Sunoco, Inc. (R&M)
March 11, 2008
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REPORT AND RECOMMENDATIONS re 33: See attached report and recommendation for details. Signed by Magistrate Judge Arlene R. Lindsay on March 11, 2008. c/ecf (Miller, Dina)
March 31, 2008
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ORDER ADOPTING 37 REPORT AND RECOMMENDATIONS of Magistrate Judge Lindsay and PRELIMINARY INJUNCTION: Sunoco's application for a preliminary injunction is granted as follows: (1) TR and its agents, officers, employees and assigns are immediately restrained and enjoined from operating a Sunoco-branded service station at 160 New York Avenue, Huntington, New York 11742; (2) TR and its agents, officers, employees and assigns shall immediately cease and desist the use and display of Sunoco trade names, trademarks and trade dress at the premises; (3) TR and its agents, officers, employees and assigns shall immediately vacate the premises. It follows, of course, that TR's application for a preliminary injunction is denied. In addition, TR shall, within 20 days of the date of this Memorandum and Order, advise the Court whether it intends to pursue its suit against Sunoco; failure to comply will result in dismissal of the complaint for failure to prosecute, without further notice. Ordered by Senior Judge Frederic Block on March 25, 2008. (Lee, Tiffeny)
July 31, 2008
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MEMORANDUM AND ORDER: TR's complaint is dismissed with prejudice. (Forward for judgment). Ordered by Senior Judge Frederic Block on 7/29/2008. (Lagana, Michael)