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UNICURE, INC. v. NELSON

Civ. No. 79-681.

502 F.Supp. 284 (1980)

UNICURE, INC., Plaintiff, v. Jeremy D. NELSON, Individually and d/b/a Creative Custom Packaging, Michael C. Filippelli, P T C International USA, Inc., Peter T. Underwood, and P. T. Chemicals, Ltd., Defendants.

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

November 10, 1980.

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N.Y., Beveridge, DeGrandi, Kline & Lunsford, Atlanta, Ga., of counsel, P. Michael Lynch, III and George T. Lamb, Corporate Attys., Unicure, Inc., Norcross, Ga., for plaintiff.

John H. Stenger and David J. Calverley, Jaeckle, Fleischmann & Mugel, Buffalo, N.Y., for defendants Nelson and Filippelli.

MEMORANDUM and ORDER

ELFVIN, District Judge.

Plaintiff seeks redress for alleged trademark infringement and unfair competition in violation of the Lanham Act, 15 U.S.C. §§ 1114 and 1125, and breach of various principles of state law. Defendants Nelson and Filippelli have moved for summary judgment dismissing the Complaint against them. Plaintiff has moved to amend the Complaint to add Onyx Distributors Co. ("Onyx") and Trafalger Industries of Canada...

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