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MERCHANT & EVANS, INC. v. ROOSEVELT BLDG. PRODUCTS CO.

Civ. A. No. 90-7973.

774 F.Supp. 1467 (1991)

MERCHANT & EVANS, INC. v. ROOSEVELT BUILDING PRODUCTS CO., INC.

United States District Court, E.D. Pennsylvania.

As Amended October 4, 1991.

Attorney(s) appearing for the Case

Steven R. Waxman, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for plaintiff.

Robert W. Hayes, Cozen and O'Connor, Philadelphia, Pa., for defendant.

FINDINGS OF FACT, DISCUSSION, CONCLUSIONS OF LAW AND ORDER

HUTTON, District Judge.

Plaintiff brings this action in four counts. Count I of the amended complaint is brought under § 43(a) of the Lanham Trademark Act of 1946, as amended, 15 U.S.C. § 1125. This section of the Lanham Act creates a cause of action for false designation of origin. Count II asserts a claim of trademark infringement pursuant to § 32(1) of the Lanham Act, 15 U.S.C....

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