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  5. 87 F.Supp.2d 1129 (2000)
 

WINDSOR INDUSTRIES, INC. v. PRO-TEAM, INC.

No. Civ.A. 99-K-2001.

87 F.Supp.2d 1129 (2000)

WINDSOR INDUSTRIES, INC., a Colorado corporation, Plaintiff, v. PRO-TEAM, INC., an Idaho corporation, Defendant.

United States District Court, D. Colorado.

March 6, 2000.

Attorney(s) appearing for the Case

Robert R. Brunelli, Benjamin Baughman Lieb, Sheridan, Ross, P.C., Denver, CO, for plaintiff.

Frank J. Dykas, Dykas & Shaver, L.L.P., Boise, ID, James W. Bain, Brega & Winter P.C., Denver, CO, for defendant.

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

Windsor Industries, Inc. ("Windsor") has filed this action seeking a declaratory judgment that Windsor has not infringed the design patent or any valid trade dress rights belonging to Pro-Team, Inc. ("Pro-Team"). Pending are Windsor's Motion to Dismiss Count III of Pro-Team, Inc.'s Counterclaims and Windsor's Motion to Bifurcate and Stay Damage Related Discovery.

The product at issue in this...

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