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S INDUSTRIES, INC. v. DIAMOND MULTIMEDIA SYSTEMS, INC.

No. 96 C 3389.

991 F.Supp. 1012 (1998)

S INDUSTRIES, INC., a Delaware Corporation, Plaintiff, v. DIAMOND MULTIMEDIA SYSTEMS, INC., d/b/a/ Diamond Computer Systems, Inc., Micron Electronic, Inc., Zeos, Computer City, Inc., Comp USA, Elek-Tek, Circuit City, Best Buy, and Egghead Software, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

January 20, 1998.

Attorney(s) appearing for the Case

John Valas, Chicago, IL, for S Industries, Inc.

Andrew P. Bridges, Sara Harrington, Diane E. Turriff, Wilson, Sonsini, Goodrich & Rosati, Palo Alto, CA, David C. Hilliard, John Thompson Brown, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, Chicago, IL, for Diamond Multimedia Systems, Inc., Micron Electronics, Inc., Computer City, Compusa, Elektek, Circuit City, Best Buy and Egghead Software.

MEMORANDUM OPINION AND ORDER

ANDERSEN, District Judge.

Plaintiff, S Industries, claims the right to use the mark STEALTH in connection with computers and computer related goods. S Industries contends that defendants are infringing this trademark by using the STEALTH mark for computer video and graphics boards. Defendants move for summary judgment on all counts of plaintiff's second amended complaint. Plaintiff also moves for summary judgement on Counts...

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