Legal Opinion
Dial-A-Mattress Operating Corp. v. Mattress Madness, Inc.
District Court, E.D. New York
Decided January 27, 1994No. 9:92-cv-03670PublishedCited by 56 opinions
1Opinion of the Court
MEMORANDUM AND OPINION
PLATT, Chief Judge.
The present cross-motions require this Court to attempt to resolve William Shakespeare’s vexing query, “What’s in a name?” 1 In the present case, it is that which the parties’ call Dial-A-Mattress. Although Shakespeare surely would adjudge the name of the parties’ bedding business to be immaterial, they do not share his enthusiasm. Rather, plaintiff and defendants seek an order of this Court preliminarily enjoining their competitor’s respective use of the name “Dial-A-Mattress” in commerce. In order to succeed in their efforts, “the moving party must…
2Cases cited97 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Heckler v. Community Health Services of Crawford County, Inc.Supreme Court of the United States · 1984
- Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
- Precision Instrument Manufacturing Co. v. Automotive Maintenance MacHinery Co.Supreme Court of the United States · 1945
- Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985
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3Cited by56 opinions
- Exxon Corporation v. Oxxford Clothes, Inc. And Oxxford Clothes Xx, Inc.Court of Appeals for the Fifth Circuit · 1997
- FreecycleSunnyvale v. Freecycle NetworkCourt of Appeals for the Ninth Circuit · 2010
- Tmt North America, Incorporated v. Magic Touch GmbhCourt of Appeals for the Seventh Circuit · 1997
- Perfect Pearl Co. v. Majestic Pearl & Stone, Inc.District Court, S.D. New York · 2012
- Trustees of Columbia University v. Columbia/HCA Healthcare Corp.District Court, S.D. New York · 1997
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