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HAROD v. SAGE PRODUCTS, INC.

No. CV100-148.

188 F.Supp.2d 1369 (2002)

Randy HAROD and Robert N. Lafemina, Plaintiffs, v. SAGE PRODUCTS, INC., Defendant.

United States District Court, S.D. Georgia, Augusta Division.

February 6, 2002.

Attorney(s) appearing for the Case

Percy J. Blount, Glover, Blount and Millians, Augusta, GA, A. Rowland Dye, Waynesboro, GA, for Plaintiffs.

Wm. Byrd Warlick, Warlick, Tritt & Stebbins, Augusta, GA, Helen Hill Minsker, Brian E. Banner, Banner & Witcoff, Ltd., Washington, DC, Mark T. Banner, Joseph J. Berghammer, Banner & Witcoff, Ltd., William T. Cahill, Cahill, Christian & Kunkle, Ltd., Chicago, IL, for Defendant.

ORDER

BOWEN, District Judge.

Before the Court are cross-motions for summary judgment. The issue is who used a trademark first. For the following reasons, Defendant's motion is GRANTED, and Plaintiffs' motion is DENIED.

I. Background

Plaintiffs and Defendant are competing for the rights to use the trademark "Comfort Bath." The parties manufacture disposable wipes used to bathe elderly or infirm patients. Plaintiffs...

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