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CANCER RESEARCH INSTITUTE v. CANCER RESEARCH SOC.

No. 87 Civ. 6831 (JFK).

694 F.Supp. 1051 (1988)

CANCER RESEARCH INSTITUTE, INC., Plaintiff, v. CANCER RESEARCH SOCIETY, INC., Defendant.

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

April 19, 1988.

Attorney(s) appearing for the Case

Patterson, Belknap, Webb & Tyler, New York City, for plaintiff; Thomas C. Morrison, Christine H. Miller, Robert Orlin, of counsel.

Skadden, Arps, Slate, Meagher & Flom, New York City, for defendant; Miriam Siroky, Susan R. Reiss, Kathryn L. Barrett, of counsel.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

KEENAN, District Judge:

Background

This is an action alleging false designation of origin in violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), infringement of plaintiff's tradename, unfair competition and dilution. Plaintiff originally sought a preliminary injunction under Federal Rule of Civil Procedure ("Fed.R.Civ. P.") 65, as well as a permanent injunction and other relief....

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