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ALTERNATIVE PIONEERING v. DIRECT INNOVATIVE PROD.

Civ. No. 4-92-278.

822 F.Supp. 1437 (1993)

ALTERNATIVE PIONEERING SYSTEMS, INC., a Minnesota corporation, Plaintiff, v. DIRECT INNOVATIVE PRODUCTS, INC., a Pennsylvania corporation, and California Production Group, Inc., a California corporation, and Robert Warden, Defendants.

United States District Court, D. Minnesota, Fourth Division.

June 3, 1993.

Attorney(s) appearing for the Case

Mark P. Wine, J. Randall Benham, and Laurel A. Graham, and Oppenheimer, Wolff & Donnelly, and Alan G. Carlson, J. Derek Vandenburgh, and Merchant & Gould, Minneapolis, MN, for plaintiff.

Paul R. Hannah, Hannah & Zenner, St. Paul, MN, and Alan H. Bernstein, Robert S. Silver, and Caesar, Rivise, Bernstein Cohen & Pokottilow, Ltd., Seven Penn Center, Philadelphia, PA, for defendants.

ORDER

DOTY, District Judge.

This matter is before the court on plaintiff Alternative Pioneering Systems, Inc.'s ("APS") motion for a preliminary injunction on its false advertising and patent infringement claims. Based on a review of the file, record and proceedings herein, the court denies APS's motion for an injunction on both its false advertising and patent infringement claims.

BACKGROUND

APS sells a countertop oven under the trademark...

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