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DEBORAH HEART & LUNG, CENT. v. CHILDREN OF THE WORLD

No. CIV. A. 00-1313 (JBS).

99 F.Supp.2d 481 (2000)

DEBORAH HEART AND LUNG CENTER, Plaintiff, v. CHILDREN OF THE WORLD FOUNDATION, LTD., and The National Ethnic Coalition of Organizations Foundation, Inc., a/k/a NECO, and The Forum Club, Inc., Defendants.

United States District Court, D. New Jersey.

May 24, 2000.

Attorney(s) appearing for the Case

Kenneth Howard Mack, Alicia A. Zonetti, Fox, Rothschild, O'Brien & Frankel, L.L.P., Lawrenceville, NJ, for Plaintiff.

John Frank Burleigh, (Pro Hac Vice) Jacobs, deBrauwere & Dehn, New York City, for Defendants.

OPINION

SIMANDLE, District Judge.

I. INTRODUCTION

In this case, two worthwhile and beneficial charities which provide necessary hospital surgical services in the United States, free of charge, to foreign children, dispute whether defendants' use of Children of the World mark infringes upon plaintiff's long-time, unregistered use of that mark. Plaintiff Deborah Heart and Lung Center seeks a preliminary injunction barring defendants...

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