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ASHE v. PEPSICO, INC.

No. 77 Civ. 1936 (HFW).

443 F.Supp. 84 (1977)

Arthur ASHE, Plaintiff, v. PEPSICO, INC., Defendant.

United States District Court, S. D. New York.

July 27, 1977.

Attorney(s) appearing for the Case

Gottlieb, Rackman & Reisman, P. C., New York City, for plaintiff; George Gottlieb, New York City, of counsel.

Pattishall, McAuliffe & Hofstetter, Chicago, Ill., Layton & Sherman, New York City, for defendant; David C. Hilliard, Chicago, Ill., Fred Sherman, New York City, of counsel.

MEMORANDUM DECISION

WERKER, District Judge.

This action for a declaration of noninfringement and related declaratory and equitable relief is brought by plaintiff Arthur Ashe, a tennis player of wide reknown, against defendant Pepsico, Inc., a corporation which manufactures sporting goods under the name of its division, the Wilson Sporting Goods Co. ("Wilson"). A related suit for trademark infringement and dilution and unfair competition is presently pending...

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