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FOTOMAT CORP. v. COCHRAN

No. 75-196-C5.

437 F.Supp. 1231 (1977)

FOTOMAT CORPORATION, Plaintiff, v. Steven COCHRAN, d/b/a Quick Stop Photo, Defendant.

United States District Court, D. Kansas.

April 12, 1977.

Attorney(s) appearing for the Case

Welton B. Whann, San Diego, Cal., Michael A. Kaplan, La Jolla, Cal., John E. Wilkinson, Topeka, Kan., for plaintiff.

David R. Gilman, Overland Park, Kan., for defendant.

DECISION OF THE COURT

ROGERS, District Judge.

This is an action for trademark infringement and unfair competition arising from defendant's use of a building design in the provision of drive-in photographic development services which allegedly infringes plaintiff's trademarked building design.

Defendant counterclaimed, arguing that plaintiff's federal registered trademark should be cancelled as unprotectable on non-functionality groups. At the end...

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