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STAFFORD URGENT CARE v. GARRISONVILLE URGENT CARE

No. CIV.A. 02-1319-A.

224 F.Supp.2d 1062 (2002)

STAFFORD URGENT CARE, INC., Plaintiff, v. GARRISONVILLE URGENT CARE, P.C., et al., Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

October 8, 2002.

Attorney(s) appearing for the Case

Howard Clark Leming, Leming & Healy P.C., Garrisonville, VA, for Plaintiff.

Robert Jay Zelnick, Szabo, Zelnick & Erickson, P.C., Woodbridge, VA, for Defendants.

MEMORANDUM OPINION

ELLIS, District Judge.

In this trademark infringement dispute, a walk-in medical services provider that identifies itself in its signage as "Urgent Care" sues a competitor for trademark infringement in connection with the competitor's use of the term "Urgent Care" in its signage. At issue on a threshold dismissal motion is whether the term "Urgent Care" is, as a matter of law, generic and hence not protectible.

I.

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