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PEPSICO, INC. v. DUNLOP TIRE & RUBBER CORP.

No. 83 Civ. 2317 (RJW).

578 F.Supp. 196 (1984)

PEPSICO, INC., and Wilson Sporting Goods Co., Plaintiffs, v. DUNLOP TIRE & RUBBER CORPORATION, Defendant.

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

January 9, 1984.

Attorney(s) appearing for the Case

Friedman & Gass, P.C., New York City, and Howrey & Simon, Washington, D.C., for plaintiffs; Arthur S. Friedman, Peter N. Wang, Dorit S. Heimer, New York City, and Richard T. Colman, Marguerite S. Stephens, Washington, D.C., of counsel.

Yuter, Rosen & Dainow, New York City, Susman, Godfrey & McGowan, Houston, Tex., James Fox, Buffalo, N.Y., for defendant; James David Jacobs, New York City and Gary McGowan, Houston, Tex., of counsel.

ROBERT J. WARD, District Judge.

Plaintiffs, PepsiCo, Inc., ("Pepsico") and its wholly owned subsidiary, Wilson Sporting Goods Company, have filed the instant action against defendant, Dunlop Tire and Rubber Corporation, pursuant to section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1982) ("section 43(a)"). Defendant has moved for an order of this Court dismissing the amended complaint for failure to state a claim upon which relief may be granted pursuant to...

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