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GATEWAY 2000, INC. v. CYRIX CORP.

Civil Action No. 96-3286 (AJL).

942 F.Supp. 985 (1996)

GATEWAY 2000, INC., Plaintiff, v. CYRIX CORPORATION, Defendants.

United States District Court, D. New Jersey.

September 10, 1996.

Attorney(s) appearing for the Case

Thomas G. Quam, LeBoeuf, Lamb, Greene & MacRae, L.L.P., Newark, New Jersey, for Plaintiff.

Arnold B. Calmann, Saiber, Schlesinger, Satz & Goldstein, Newark, New Jersey, Russell N. Fairbanks, Jr., Cyrix Corporation, Richardson, Texas, William LaFuze, Steven R. Borgman, and Valerie K. Friedrich, Vinson & Elkins, L.L.P., Houston, Texas, for Defendant.

OPINION

LECHNER, District Judge.

This is an action by plaintiff Gateway 2000, Inc. ("Gateway") against defendant Cyrix Corporation ("Cyrix"). Removal jurisdiction is alleged pursuant to 28 U.S.C. §§ 1331, 1337 and 1338.

Gateway contends that certain Cyrix advertisements (the "Cyrix Advertisements") wrongly depicted trademarks that Gateway uses to develop, promote and advertise its computer products and services. Gateway alleges the Cyrix...

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