District Court, N.D. New York September 17, 2003, 1:01-cv-01331 (Ramada Franchise Systems, Inc. v. Boychuk)

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff Ramada Franchise Systems, Inc. (“RFS”) brought suit against defendants Gene Boychuk (“Boychuk”) and BSB Inns, Ltd. (“BSB”), alleging the following six causes of action:

First

— trademark infringement and trade dress infringement in violation of the Lanham Act, 15 U.S.C.