MEMORANDUM OPINION AND ORDER
MILES W. LORD, Chief Judge.
I. PROCEDURAL HISTORY
This matter comes before the Court on the motion of defendant E.B. Malone Company to dismiss plaintiff's complaint, which alleges trademark infringement on the part of both defendants. Jurisdiction vests in this Court under 28 U.S.C. § 1332 and 28 U.S.C. § 1338. Defendant Malone's motion to dismiss is based on three grounds:
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