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MUNTERS CORP. v. MATSUI AMERICA, INC.

No. 89 C 3782.

730 F.Supp. 790 (1989)

The MUNTERS CORPORATION, Plaintiff, v. MATSUI AMERICA, INCORPORATED, Defendant.

United States District Court, N.D. Illinois, E.D.

October 25, 1989.

Attorney(s) appearing for the Case

Michael A. Forti, Bell, Boyd & Lloyd, Chicago, Ill., Pasquale A. Razzano and Marilyn Brogan, Curtis, Morris & Safford, New York City, for plaintiff.

Nancy E. Sasamoto and Edward J. Underhill, Masuda, Funai, Eifert & Mitchell, Ltd., Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

ZAGEL, District Judge.

I. INTRODUCTION

In this action the plaintiff, The Munters Corporation ("Munters") has brought suit charging the defendant, Matsui America, Inc. ("Matsui") with: 1) infringement of the plaintiff's registered trademark under sec. 32(1) of the Trademark Act of 1946 ("Lanham Act"), 15 U.S.C. sec. 1114(1); 2) use of a false designation of origin under sec. 43(a) of the Lanham Act, 15 U.S.C. sec. 1125...

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