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Monday, May 03, 2004

Dorsey & Whitney News Archive: "Luigino's
05.03.04

Fat chance!

Weight Watchers International filed a preliminary injunction motion to try to force our client, Luigino's, to stop using Weight Watchers' trademark POINTS on the front of its Michelina's frozen dinners.
(continued)

But Judge Griesa of the Southern District of New York denied the motion, finding that Luigino's made 'fair use' of the mark and that Weight Watchers' trademark survey was entitled to no weight.

In a true Dorsey team effort, George Eck (partner/trial-NY) argued the motion, Nick Campanario (associate/trial-Minneapolis) wrote the brief, Tom Vitt (partner/IP litigation-Minneapolis) deposed the expert, and Bruce Ewing (partner/IP litigation-NY) provided advice on all fronts, particularly on Judge Griesa. "

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