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MOBIUS MANAGEMENT. SYS. v. FOURTH DIMENSION SOFTWARE

No. 94 Civ. 0749 (LAP).

880 F.Supp. 1005 (1994)

MOBIUS MANAGEMENT SYSTEMS, INC., Plaintiff. v. FOURTH DIMENSION SOFTWARE, INC., Defendant.

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

November 30, 1994.

Attorney(s) appearing for the Case

Jeffrey S. Trachtman, Jonathan Wagner, Kramer, Levin, Naftalis, Nessen, Kamin & Frankel, New York City, for plaintiff.

Miriam L. Siroky, Mauro L. Siroky, Skadden, Arps, Slate, Meagher & Flom, New York City, for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

PRESKA, District Judge.

Plaintiff, Mobius Management Systems, Inc. ("Mobius"), seeks damages and a permanent injunction against defendant, Fourth Dimension Software, Inc. ("Fourth Dimension"), for breach of contract, for violations of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and for common law unfair competition. After holding a bench trial on October 6 and 7, 1994, I find that Mobius is entitled...

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