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ARMSTRONG CORK CO. v. WORLD CARPETS, INC.

Civ. A. No. C77-49R.

448 F.Supp. 1072 (1978)

ARMSTRONG CORK COMPANY v. WORLD CARPETS, INC., World Carpets of Los Angeles, Inc., World Carpets of San Francisco, Inc., World Carpets of Dallas, Inc., World Carpets of Chicago, Inc., World Carpets of Miami, Inc., World Carpets of New York, Inc., and World Carpets of Minneapolis, Inc.

United States District Court, N. D. Georgia, Rome Division.

March 23, 1978.

Attorney(s) appearing for the Case

Oscar M. Smith, Smith, Shaw, Maddox, Davidson & Graham, Rome, Ga., David H. T. Kane, Kane, Dalsimer, Kane, Sullivan & Kurucz, New York City, for plaintiff.

Julius R. Lunsford, Jr., Beveridge, Degrandi, Kline & Lunsford, Atlanta, Ga., Warren N. Coppedge, Jr., Mitchell, Mitchell, Coppedge, Boyett & Wester, Dalton, Ga., for defendants.

MURPHY, District Judge.

STATEMENT OF THE CASE

1. This matter is before the Court as a declaratory judgment action. The plaintiff, Armstrong Cork Company, ("Armstrong") is seeking a determination that the name "Armstrong World Industries, Inc." does not infringe or unfairly compete with the defendant's name World Carpets, Inc. ("World Carpets"). The action arises under a Federal statute dated July 5, 1946, and commonly referred to as "The Lanham Trade-Mark...

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