MEMORANDUM
TRAUGER, District Judge.
This case is currently scheduled for a bench trial beginning Tuesday, January 29, 2002. At the pre-trial conference, the court raised the question of whether the plaintiff has a viable claim under section 43(a) of the Trademark Act of 1946 ("Lanham Act"), 15 U.S.C. § 1125(a), based upon the plaintiff's proposed findings of
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