UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK MISS UNIVERSE, L.P., LLLP,06 Civ. 4977Plaintiff,-against-
MEMORANDUM OPINIONAND ORDER
VIRGELIA B. VILLEGAS and VIRGELIA,PRODUCTIONS, INC.,Defendants.Richard J. Holwell, District Judge:Miss Universe, owner of the pageant and trademark “Miss USA,” brought this actionagainst Virgelia Villegas and his production company (collectively, “defendants”) for their useof the mark “Miss Asia USA.” Miss Universe alleged trademark infringement under Section 32of the Lanham Trade-Mark Act, 15 U.S.C. §§ 1051
(“Lanham Act” or “Act”); unfair competition under Section 43(a) of the Act and at common law; and dilution under Section 43(c)of the Act and under New York law. It requested injunctive relief and compensatory damages.The defendants moved for summary judgment on all claims, as did the plaintiff on all but thedilution claims. The parties later withdrew those dispositive motions and stipulated that theevidentiary record was sufficiently developed for the Court to decide the action on the merits.This Memorandum Opinion and Order sets forth findings of fact and conclusions of lawin accordance with Rule 52 of the Federal Rules of Civil Procedure. For the reasons that follow,the Court grants judgment to the defendants.