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CLARKE v. K-MART

Civ. A. No. 77-143 ERIE.

473 F.Supp. 1299 (1979)

William A. CLARKE, Plaintiff, v. K-MART, Placo Products Company, Toy World, Joseph Dahlkemper, Inc., Toys-R-Us, J. C. Penney Co., Inc., Defendants.

United States District Court, W. D. Pennsylvania.

August 3, 1979.

Attorney(s) appearing for the Case

Ralph Hammer, Erie, Pa., for plaintiff.

James K. McNamara, Erie, Pa., Warren L. Kern, Los Angeles, Cal., for defendants.

OPINION

WEBER, Chief Judge.

The plaintiff has sued the defendants for infringement of his registered trademark "SAFE-T-BALL" (1,049,699) and his patented game ball (4,029,316). He also contends that the defendants' actions which violate federal patent and trademark laws amount to a cause of action under the common law of unfair competition. The defendants have filed a motion for summary judgment on the plaintiff's claim for trademark infringement, and the...

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