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TRUSTEES UNIV. OF ARK. v. PROFESSIONAL THERAPY SERV.

Civ. No. 94-5100.

873 F.Supp. 1280 (1995)

The BOARD OF TRUSTEES of the UNIVERSITY OF ARKANSAS, Plaintiff v. PROFESSIONAL THERAPY SERVICES, INC. d/b/a Razorback Sports and Physical Therapy Clinic, Defendant.

United States District Court, W.D. Arkansas, Fayetteville Division.

January 11, 1995.

Attorney(s) appearing for the Case

Jeff A. Bell, Atty. General's Office, Little Rock, AR, Harold J. Evans, Washington, DC, Fred H. Harrison, University of Arkansas, Little Rock, AR, and Arnold P. Lutzker, Cary A. Eure, and Lynn E. Ecklesten, Fish & Richardson, Washington, DC, for plaintiff.

William Jackson Butt, Davis, Cox & Wright, Fayetteville, AR and Ronald P. Kananen, Marks & Murase, Washington, DC, for defendant.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

This is a case in which the Board of Trustees of the University of Arkansas ("the University") has sued the Razorback Sports and Physical Therapy Clinic ("the Clinic") for unauthorized use of the RAZORBACK name and design logo.

The complaint alleges causes of action for (1) trademark infringement under Section 32 of the Lanham Act, 15 U.S.C.A. § 1114(1)(a) (West 1963 and Supp.1994);...

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