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MARSHAK v. SHEPPARD

No. 86 Civ. 9960 (MP).

666 F.Supp. 590 (1987)

Larry MARSHAK, Plaintiff, v. Rick SHEPPARD, Mike Vogel, and A.S.V., INC., Defendants.

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

August 11, 1987.

Attorney(s) appearing for the Case

Hopgood, Calimafde, Kalil, Blaustein & Judlowe by Stephen B. Judlowe, Claudia A. Smith, Mary Dashke, and Marcus & Marcus, New York City by Clark Marcus, Kathy N. Rosenthal, for plaintiff.

Zavin, Sinnreich & Wasserman, New York City by Jonathan Zavin, Marya Lenn Yee, Richard Wasserman, for defendant Rick Sheppard.

Joseph E. Zyncak, P.C., New York City by Christopher R. Whent, for defendants Mike Vogel and A.S.V., Inc.

OPINION AND DECISION

MILTON POLLACK, Senior District Judge.

This is an action for infringement of a United States registered service mark, and for the wrongful use in commerce of false designations of origin, false descriptions and false representations, all in violation of the Lanham Trademark Act of 1946, 15 U.S.C. §§ 1114(1), 1116-1118, 1125(a); for infringement and dilution of service mark and trademark and trade name rights under the statute...

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