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ACE HARDWARE CO., INC. v. ACE HARDWARE CORP.

No. 81-CV-798.

532 F.Supp. 770 (1982)

ACE HARDWARE CO., INC., Plaintiff, v. ACE HARDWARE CORPORATION, Defendant.

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

February 18, 1982.

Attorney(s) appearing for the Case

Bushin & Rosman, New York City, for plaintiff; Lawrence Rosman, New York City, of counsel.

Kane, Dalsimer, Kane, Sullivan & Kurucz, New York City, James A. Murphy, Jr., King, Murphy, Adang & Arpel, Saratoga Springs, N.Y., for defendant; David H. T. Kane, New York City, of counsel.

MEMORANDUM-DECISION AND ORDER

MINER, District Judge.

I.

Plaintiff, Ace Hardware Co., Inc., originally brought this action against defendant Ace Hardware Corporation in the New York Supreme Court, claiming that defendant's use of the "Ace" name infringed its common law trademark right and constituted unfair competition under N.Y.Gen. Bus.Law §§ 133, 368-d. Plaintiff seeks injunctive relief, damages, including lost profits, and costs. Defendant...

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