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ACME FEED MILLS, INC. v. QUAKER OATS COMPANY

No. C-231-G-69.

313 F.Supp. 1156 (1970)

ACME FEED MILLS, INC., Plaintiff, v. The QUAKER OATS COMPANY, Defendant.

United States District Court, M. D. North Carolina, Greensboro Division.

June 23, 1970.

Attorney(s) appearing for the Case

David Rabin, Greensboro, N. C., for plaintiff.

Beverly C. Moore, Greensboro, N. C., and Beverly W. Pattishall, Chicago, Ill., for defendant.

MEMORANDUM OPINION

EDWIN M. STANLEY, Chief Judge.

This is an action for declaratory judgment seeking a declaration of plaintiff's right to register and use the trademark KENNEL PRIDE. The matter is before the Court on the defendant's motion to dismiss for failure of the plaintiff to allege an "actual controversy" within the meaning of the Declaratory Judgment Act, 28 U.S.C. § 2201.

Briefly summarized, the complaint alleges that plaintiff has...

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