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Carvel Files Lawsuit Against Tuscan Dairy Farms.


FARMINGTON, Conn.--(BUSINESS WIRE)--Sept. 12, 1997--Carvel Corp., a Connecticut-based supplier of ice cream cakes and other frozen desserts through franchise stores and supermarkets, filed suit today in Federal court in New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 against Tuscan Dairy Farms Tuscan Dairy Farms is a dairy based in the metro New York City area, owned by Dean Foods.

Founded in 1918 by Louis Borinsky, Tuscan Dairy Farms was begun as a family run distribution operation, delivering dairy products door to door on routes throughout Union and Essex
 Inc., one of its suppliers.

The suit alleges that Tuscan short-filled packages it sold containing Carvel carvel: see caravel.  proprietary ice cream mix. Consequently, Carvel and its franchisees paid for substantially more product than they received. The suit seeks damages for violation of contract and trademark infringement Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license).  resulting from the sale of underweight Underweight

An situation where a portfolio does not hold a sufficient amount of securities to satisfy the accepted benchmark of the portfolio's asset allocation strategy.

Notes:
 goods over a period of several years. Carvel resells ice cream mix to its franchisees and also uses it in its own facilities.

Steven Fellingham, chief executive officer of Carvel, said, "We had no choice by to file this action to protect the franchisees and the company." -0-

Steve Fellingham, chief executive officer of Carvel, is available for interviews.

CONTACT: Ian Madover/Catherine Sullivan, 212/645-6900
COPYRIGHT 1997 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1997, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Sep 12, 1997
Words:153
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