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IDV NORTH AMERICA, INC. v. S & M BRANDS, INC.

Civil Action No. 3:97cv809.

26 F.Supp.2d 815 (1998)

IDV NORTH AMERICA, INC. and R & A Bailey Co. Limited, Plaintiffs, v. S & M BRANDS, INC., Defendant.

United States District Court, E.D. Virginia, Richmond Division.

October 20, 1998.

Attorney(s) appearing for the Case

Howard Feller, Brian C. Riopelle, Scott A. Simmons, McGuire, Woods, Battle & Booth, Richmond, VA, Albert Robin, Robin, Blecker, Daley & Driscol, New York City, Emily K. Breslin, The Paddington Corporation, Fort Lee, NJ, for Plaintiffs.

James C. Roberts, Alan D. Wingfield, Mays & Valentine, Richmond, VA, Everett W. Gee, III, Sarah A. Keefe, Womble, Carlyle, Sandridge & Rice, Atlanta, GA, for Defendant.

MEMORANDUM OPINION

PAYNE, District Judge.

IDV North America, Inc. and R & A Bailey Co. Limited instituted this action against S & M Brands, Inc., alleging claims for statutory trademark infringement under Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1), and for statutory unfair competition under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). The action was tried by the Court, sitting without a jury. Having reviewed the exhibits...

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