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CAPLAN v. AMERICAN BABY, INC.

No. 83 Civ. 3354 (MEL).

582 F.Supp. 869 (1984)

Frank CAPLAN d/b/a The Princeton Center for Infancy and Early Childhood, Plaintiff, v. AMERICAN BABY, INC., Defendant.

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

April 10, 1984.

Attorney(s) appearing for the Case

Frumkin & Manta, Pottsville, Pa., for plaintiff; Richard L. Caplan, Pottsville, Pa., of counsel.

Robinson, Silverman, Pearce, Aronsohn & Berman, New York City, for defendant.

LASKER, District Judge.

Frank Caplan sues the defendant, American Baby Inc. ("ABI") alleging inter alia that ABI has infringed his copyright and trademark in the words "THE FIRST YEAR OF LIFE." ABI asserts three counterclaims, two of which seek declaratory relief and one of which alleges that the plaintiff's filing of this lawsuit constitutes a violation of § 2 of the Sherman Antitrust Act. Caplan now moves pursuant to F.R. Civ.Pr. 12(b)(6) to dismiss...

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