Legal Opinion

H & R INDUSTRIES, INC. v. Kirshner

District Court, E.D. New York

Decided August 22, 1995No. 9:92-cv-01282PublishedCited by 22 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

PLATT, Judge.

Defendant Alvin Kirshner individually and d/b/a East Side Plumbing Specialties (collec tively “defendant”) moved for summary judgment in this action. This case subsequently, was transferred by random selection to Judge John Gleeson, but having heard oral argument, this Court has retained jurisdiction over the case for the purposes of determining this motion only. Plaintiffs allege that defendants violated the Lanham Trademark Act, 15 U.S.C. 1125, et seq., as well as New York State law including (a) diversion of corporate opportunity; (b) unfair competition;…

2Cases cited64 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  4. Wilson v. GarciaSupreme Court of the United States · 1985
  5. Eastman Kodak Co. v. Image Technical Services, Inc.Supreme Court of the United States · 1992

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3Cited by22 opinions

  1. Proctor & Gamble Co. v. HaugenCourt of Appeals for the Tenth Circuit · 2000
  2. Jewell v. NYP Holdings, Inc.District Court, S.D. New York · 1998
  3. Advanced Fluid Systems, Inc. v. HuberDistrict Court, M.D. Pennsylvania · 2014
  4. Cohen v. DavisDistrict Court, S.D. New York · 1996
  5. Harley-Davidson, Inc. v. Estate of O'ConnellDistrict Court, N.D. New York · 1998

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