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BEST BUY WAREHOUSE v. BEST BUY CO., INC.

No. 88-1201-CV-W-5.

751 F.Supp. 824 (1989)

BEST BUY WAREHOUSE, Plaintiff, v. BEST BUY CO., INC., Defendant.

United States District Court, W.D. Missouri, W.D.

November 27, 1989.

Attorney(s) appearing for the Case

Joseph B. Bowman, Thomas P. McBride, Kokjer, Kircher, Bradley, Wharton, Bowman & Johnson, Kevin S. Cavanaugh, Kansas City, Mo., for plaintiff.

Robert O. Lesley, Robert L. Driscoll, Stinson, Mag & Fizzell, Kansas City, Mo., David W. Beehler, Elliot S. Kaplan, Robins, Kaplan, Miller & Ciresi, Minneapolis, Minn., for defendant.

ORDER

SCOTT O. WRIGHT, Chief Judge.

Before this Court is defendant's motion for summary judgment on all counts of plaintiff's complaint. Plaintiff alleges trademark infringement, false designation of origin, unfair competition, trademark dilution, and trademark disparagement. The gravamen of plaintiff's complaint is the use of "best buy" by defendant where prior to defendant's presence in the Kansas City, Missouri, area plaintiff already was doing business...

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