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ALTIRA GROUP LLC v. PHILIP MORRIS COMPANIES INC.

No. Civ.A. 01-K-2344.

207 F.Supp.2d 1193 (2002)

ALTIRA GROUP LLC, a Colorado Limited Liability Company, Plaintiff, v. PHILIP MORRIS COMPANIES INC., a Virginia corporation; and Philip Morris Capital Corp., a Delaware corporation, Defendants.

United States District Court, D. Colorado.

June 18, 2002.

Attorney(s) appearing for the Case

Thomas H. Young, Merchant & Gould, P.C., Denver, CO, for plaintiff.

Tim Atkeson, Arnold & Porter, Denver, CO, Peter Thomas Grossi, Jr., Arnold & Porter, Washington, DC, for defendants.

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

I. INTRODUCTION

Defendant Philip Morris Companies Inc. ("Philip Morris Cos.") and Defendant Philip Morris Capital Corp. ("Philip Morris Capital") (collectively, "Philip Morris") desire to adopt a new name and mark, "ALTRIA." Plaintiff, Altira Group LLC ("Altira Group"), seeks a preliminary injunction against Philip Morris to enjoin them from adopting and using the "ALTRIA" name and...

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