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SEARS, ROEBUCK & CO. v. SEARS PLC

Civ. A. No. 88-342-JLL.

744 F.Supp. 1297 (1990)

SEARS, ROEBUCK & COMPANY, Plaintiff, v. SEARS plc and Sears Financial Services Limited, Defendants.

United States District Court, D. Delaware.

July 24, 1990.

Attorney(s) appearing for the Case

Arthur G. Connolly, Jr. of Connolly, Bove, Lodge & Hutz, Wilmington, Del. (James A. Drobile of Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., and Nancy Schaefer of Schaefer, Rosenwein & Fleming, Chicago, Ill., of counsel), for plaintiff.

Jesse A. Finkelstein of Richards, Layton & Finger, Wilmington, Del. (Shelby R. Grubbs of Grant, Konvalinka & Grubbs, P.C., Chattanooga, Tenn., of counsel), for defendants.

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

I. BACKGROUND

Sears, Roebuck and Company ("Roebuck") filed this trademark and trade name infringement suit on June 28, 1988, Docket Item ("D.I.") 1, against Sears plc ("PLC"), a company incorporated under English and Welsh law. Roebuck amended its complaint on March 10, 1989, and added Sears Financial Services Limited ("SFSL") as a defendant. Discovery closed on December 15, 1989. Currently before...

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