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02-517 - FiberMark, Inc. v. Brownville Specialty


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02-517 - FiberMark, Inc. v. Brownville Specialty
May 11, 2005
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DECISION AND ORDER ; denying 45 Defendants Motion for Summary Judgment . Signed by Judge Thomas J. McAvoy on 5/11/05. (pta, )
December 9, 2005
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DECISION AND ORDER; denying 109 Pltf's Motion for Permanent Injunction, as stated; Ordered that a new trial is to be held on the date set by the Clerk on the anti-dilution claim based on New York General Business Law 360-1; denying 116 Pltf's Motion for Judgment as a Matter of Law on the federal trade dress infringement claim and the common law unfair competition claim, and its motion for permanent injunctive relief; Deft's Motion for a judgment as a matter of law 114 on the deceptive act and practices claim under New York General Business Law 349 is granted. Signed by Judge Thomas J. McAvoy on 12/9/05. (pta, ) Modified on 12/12/2005 to correct typos (pta ).
January 4, 2006
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DECISION AND ORDER denying ; that 149 Plaintiff's Motion for Entry of Judgment under Rule 54(b) is DENIED; the Court will determine the anti-dilution claim without taking any additional testimony; the parties shall submit proposed findings of fact and conclusions of law on or before 1-22-06; on or before 1-22-06, the parties shall submit to the Court any exhibits that were admitted into evidence that are relevant to the anit-dilution claim. Signed by Judge Thomas J. McAvoy on 1/4/06. (pta, )
March 13, 2006
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DECISION AND ORDER ; that pur. to FRCvP 65(d) and NY Gen. Bus. Law 360-1, defendant Brownville Specialty Paper Products, Inc. and its affiliates are permanently enjoined from using a mottle that is similar, or identical, to FiberMark's protected trade dress . Signed by Judge Thomas J. McAvoy on 3/13/06. (pta, )