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PUBLIC SERVICE CO. OF N.M. v. NEXUS ENERGY SOFT.

No. CIV.A. 98-12589-EFH.

36 F.Supp.2d 436 (1999)

PUBLIC SERVICE COMPANY OF NEW MEXICO, Plaintiff, v. NEXUS ENERGY SOFTWARE, INC., Defendant.

United States District Court, D. Massachusetts.

February 24, 1999.

Attorney(s) appearing for the Case

Douglas R. Wolf, Wolf, Greenfield & Sacks, P.C., Boston, MA, Jonathan Hudis, Brian D. Anderson, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., Arlington, VA, Matthew B. Lowrie, Wolf, Greenfield & Sacks, P.C., Boston, MA, for Public Service Company of New Mexico, Plaintiff.

Daniel J. Gleason, Carl M. DeFranco, Jr., Nutter, McClennen & Fish, Boston, MA, for Nexus Energy Software, Inc., Defendant.

MEMORANDUM & ORDER

HARRINGTON, District Judge.

This trademark action is before the Court on the Plaintiff's Motion for a Preliminary Injunction. Plaintiff Public Service Company of New Mexico ["PNM"] has sued Nexus Energy Software, Inc. ["Nexus"] because of Nexus' use of the mark "e NERGYplace" and the domain name "energyplace.com." PNM claims that Nexus' use of these marks infringes its service mark "Energy Place," Federal Registration No. 2...

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