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HERTZ SYSTEM, INC. v. HERVIS CORP.

No. 81 Civ. 6780 (JES).

549 F.Supp. 796 (1982)

HERTZ SYSTEM, INC., Plaintiff, v. HERVIS CORP. and Arthur Stroffolino, Jr., Defendants.

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

October 21, 1982.

Attorney(s) appearing for the Case

Blum, Kaplan, Friedman, Silberman & Beran, New York City, for plaintiff; Martin J. Beran, Michael I. Wolfson, New York City, of counsel.

Kenyon & Kenyon, New York City, for defendants; William J. Speranz, New York City, Thaddius J. Carvis, Stamford, Conn., of counsel.

SPRIZZO, District Judge:

Plaintiff, Hertz System, Inc., a Delaware corporation doing business in New York, commenced this action against defendants, Hervis Corp., a Connecticut corporation, and Arthur Stroffolino, Jr., its president, alleging that defendants infringed its service mark within and without the state of New York in violation of 15 U.S.C. § 1114. Both parties engage in the automobile rental business.

Defendants move to dismiss for lack of...

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