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PAYLESS SHOESOURCE, INC. v. TOWN OF PENFIELD, N.Y.

No. 96-CV-6125L.

934 F.Supp. 540 (1996)

PAYLESS SHOESOURCE, INC., Plaintiff, v. TOWN OF PENFIELD, NEW YORK, Penfield Zoning Board of Appeals, and Harold Morehouse, Defendants.

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

August 26, 1996.

Attorney(s) appearing for the Case

Kevin S. Cooman, Zicari, McConville, Cooman, Morin & Welch, Rochester, NY, for plaintiff.

Joseph A. Platania, Theresa Conroy, Rochester, NY, for defendants.

DECISION AND ORDER

LARIMER, Chief Judge.

Payless ShoeSource, Inc. ("plaintiff") brings this action, pursuant to § 1121(b) of the Lanham Act, against the Town of Penfield ("Town"), the Penfield Zoning Board of Appeals ("Board"), and Town Building Inspector Harold Morehouse ("Morehouse") (collectively "defendants"), alleging unlawful interference with its trademark.

FACTUAL BACKGROUND

Plaintiff, who operates two retail stores...

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