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COMPAQ COMPUTER CORP. v. PROCOM TECHNOLOGY, INC.

Civ. A. No. 95-1338.

908 F.Supp. 1409 (1995)

COMPAQ COMPUTER CORPORATION, Plaintiff, v. PROCOM TECHNOLOGY, INC., Defendant.

United States District Court, S.D. Texas, Houston Division.

December 6, 1995.

Attorney(s) appearing for the Case

Herbert F. Schwartz, Robert J. Goldman, Susan Progoff, Fish & Neave, New York City, Walter B. Stuart, IV, Scott Fletcher, Vinson & Elkins, Houston, TX, for Compaq Computer Corp.

Robert A. Schroeder, Suzanne R. Jones, Pretty, Schroeder, Brueggmann & Clark, Los Angeles, CA, Martin Douglas Beirne, Jr., Jennifer Giaimo, Beirne, Maynard & Parsons, Houston, TX, for Procom Technology, Inc.

Stephen I. Weil, Weil & Associates, Houston, TX, for third-party defendant C.I. Design.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HITTNER, District Judge.

In May, 1995, Compaq Computer Corporation ("Compaq") filed suit against Procom Technology, Inc. ("Procom"). Compaq's suit alleges that Procom has infringed its trademark, trade dress, copyright and patent rights, engaged in unfair competition, and in false advertising. Procom asserts several affirmative defenses to Compaq's claims and also maintains that Compaq's claims are barred by...

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