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DUFFY v. CHARLES SCHWAB & CO., INC.

Civil Action No. 98-4595(MLC).

97 F.Supp.2d 592 (2000)

Howard R. DUFFY, III, and James P. Duffy, d/b/a Retirement Report Card, Plaintiffs, v. CHARLES SCHWAB & CO., INC., Defendant.

United States District Court, D. New Jersey.

May 4, 2000.

Attorney(s) appearing for the Case

Gregory S. Gewirtz, Charles P. Kennedy, Robert J. Scheffel, Lerner, David, Littenberg, Krupholz & Mentlik, LLP, Westfield, NJ, for Plaintiffs.

Ellis I. Medoway, Archer & Greiner, A Professional Corp., Haddonfield, NJ, David Henry Dolkas, pro hoc vice, Gray Cary Ware & Freidenrich LLP, Palo Alto, CA, for Defendant.

MEMORANDUM OPINION

COOPER, District Judge.

This matter comes before the Court on a motion for partial summary judgment by defendant Charles Schwab & Co., Inc. ("Schwab") pursuant to Federal Rule of Civil Procedure 56 seeking dismissal of the third and fifth claims for relief of plaintiffs Howard R. Duffy, III and James P. Duffy (collectively "Duffy"), which allege statutory and common law unfair competition and trademark infringement, respectively. Duffy...

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