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Zino Davidoff SA v. CVS Corp., No. 07-2872-cv

In a trademark infringement action based on Defendant's sales of Plaintiff's trademarked products with the unique production code removed, a preliminary injunction in favor of Plaintiff is affirmed, where the production codes play an important role in helping the trademark owner to guard against counterfeits and protect the reputation of the mark.

Read Zino Davidoff SA v. CVS Corp., No. 07-2872-cv.

Appellate Information

Argued: October 15, 2008
Decided: June 19, 2009


Before: LEVAL, KATZMANN, and LIVINGSTON, Circuit Judges.
Opinion by LEVAL, Circuit Judge.


LISA PEARSON (Christopher Lick, on the brief; Adam H. Charnes and W. Andrew Pequignot, of counsel), Kilpatrick Stockton LLP, New York, NY, for Plaintiff-Appellee.

MEGAN MUOIO (Nicholas Fortuna, on the brief), Allyn & Fortuna LLP, New York, NY, for Defendant-Appellant.