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THOMAS AMERICA CORP. v. FITZGERALD

No. 94 Civ. 0262 (CBM).

869 F.Supp. 221 (1994)

THOMAS AMERICA CORPORATION, a Corporation, Plaintiff, v. Robert M. FITZGERALD, an Individual, Defendant.

United States District Court, S.D. New York.

December 1, 1994.

Attorney(s) appearing for the Case

John N. Bain, Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein, Roseland, NJ, for plaintiff.

Robert M. Fitzgerald, pro se.

MEMORANDUM OPINION

MOTLEY, District Judge.

BACKGROUND

The instant case has a protracted and muddied history. The Defendant, Robert M. Fitzgerald, is the owner of United States Design Letters Patents No. Des. 297,532 (the "`532 patent") and No. Des. 297,533 (the "`533 patent") and of United States Trademark Registrations No. 1,479,454 ("The Country Store Telephone") and No. 1,479,453 ("The County...

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