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AMERICAN EXP. CO. v. MASTERCARD INTERN. INC.

No. 88 Civ. 0783 (CMM).

685 F.Supp. 76 (1988)

AMERICAN EXPRESS COMPANY, Plaintiff, v. MASTERCARD INTERNATIONAL INCORPORATED, Defendant.

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

May 18, 1988.

Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom, New York City (Kenneth Plevan, Miriam Siroky, Mark J. Liss, of counsel), for plaintiff.

Brumbaugh, Graves, Donohue & Raymond, New York City (Russell H. Falconer, Parker H. Bagley, Doreen J. Leavens, of counsel), for defendant.

METZNER, Senior District Judge:

Plaintiff, American Express Company (American Express), seeks injunctive relief and damages from the defendant, MasterCard International Incorporated (MasterCard), for alleged infringement by defendant of plaintiff's service mark "GOLD CARD." The action alleges violation of 15 U.S.C. § 1114, violation of a registered mark; section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), false designation of origin; the common law of...

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