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SMI INDUSTRIES CANADA LTD. v. CAELTER INDUSTRIES

No. 83-CV-1515.

586 F.Supp. 808 (1984)

SMI INDUSTRIES CANADA LTD., Plaintiff, v. CAELTER INDUSTRIES, INC., Defendant and Counterclaim Plaintiff, v. SMI INDUSTRIES CANADA, LTD. and S.M.I. Industries U.S.A., Inc., Counterclaim Defendants.

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

May 21, 1984.

Attorney(s) appearing for the Case

Hiscock, Lee, Rogers, Henley & Barclay, Syracuse, N.Y., for plaintiff and counterclaim defendants; J. Eric Charlton, Syracuse, N.Y., of counsel.

Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N.Y., Limbach, Limbach & Sutton, San Francisco, Cal., for defendant and counterclaim plaintiff; Dennis P. Hennigan, Syracuse, N.Y., George C. Limbach, Marie S. Cefalu, San Francisco, Cal., of counsel.

MEMORANDUM-DECISION AND ORDER

MUNSON, Chief Judge.

This is an action for trademark and patent infringement as well as unfair competition. Plaintiff, a Canadian corporation, is engaged in the manufacture, sale and distribution of commercial snow removal and airport rescue equipment. Defendant, a New York corporation, is engaged in the same industry. At issue in the instant lawsuit are the trademarks "SMI," "Snowmaster" and "Firemaster," all names used on...

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