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FRINK AMERICA, INC. v. CHAMPION ROAD MACHINERY LTD.

Nos. 96-CV-486, 96-CV-1576.

62 F.Supp.2d 679 (1999)

FRINK AMERICA, INC., Plaintiff, v. CHAMPION ROAD MACHINERY LIMITED, Defendant. Champion Road Machinery Limited, Counter-Claimant, v. Frink America, Inc.; and David Lowry, Counter-Defendants. Frink America, Inc., Plaintiff, v. Champion Road Machinery Limited, Defendant.

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

August 6, 1999.

Attorney(s) appearing for the Case

Harris Beach & Wilcox, LLP, Rochester, New York, Neal Slifkin, of counsel, for plaintiff.

Fish & Richardson, P.C., Boston, MA, Lawrence Kolodney, of counsel, MacKenzie Smith Law Firm, Syracuse, New York, Nancy Pontius, of counsel, for defendant.

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

Plaintiff Frink America, Inc. ("Frink America") filed its first action against defendant Champion Road Machinery Ltd. ("Champion") on March 22, 1996 alleging, inter alia, trademark infringement and dilution. In its Answer, defendant asserted a single counterclaim against plaintiff, seeking cancellation of Frink America's registration...

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