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PIZITZ, INC. v. PIZITZ MERCANTILE CO., ETC.

Civ. A. No. 77-G-1582-W.

467 F.Supp. 1089 (1979)

PIZITZ, INC., a corporation, Plaintiff, v. PIZITZ MERCANTILE CO. OF TUSCALOOSA, INC., a corporation, Pizitz-Saks Mercantile Company, a corporation, X, Y, and Z, those persons, firms or corporations operating individually or jointly any one or more stores known by the trade name "Pizitz," Defendants.

United States District Court, N. D. Alabama, W. D.

April 2, 1979.

Attorney(s) appearing for the Case

Thad G. Long, Bradley, Arant, Rose & White, Linda A. Friedman, Birmingham, Ala., for plaintiff.

Olin W. Zeanah, Zeanah, Donald & Hust, Wilbor J. Hust, Jr., Tuscaloosa, Ala., for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GUIN, District Judge.

This is an action brought for declaratory and other appropriate relief pursuant to 28 U.S.C. §§ 2201 and 2202. Jurisdiction of this court is invoked under 15 U.S.C. § 1125(a) and 28 U.S.C. § 1338(b), in that plaintiff seeks a declaration of non-infringement and a judicial interpretation of the relative rights of the parties under the law of trademarks and of unfair competition...

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