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CORBITT MFG. CO., INC. v. GSO AMERICA, INC.

No. CV 201-204.

197 F.Supp.2d 1368 (2002)

CORBITT MANUFACTURING COMPANY, INC., Plaintiff, v. GSO AMERICA, INC.; and GSO Georgia, Inc., Defendants.

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

April 19, 2002.

Attorney(s) appearing for the Case

Jenny L. Cisne, Chanley T. Howell, Foley & Lardner, Jacksonville, FL, Donna Linn Crossland, Taylor, Odachowski & Sperry, LLC, St. Simons Island, GA, W. Bruce Lewis, Gwin, Lewis & Punches, LLP, Natchez, MS, for plaintiff.

Wallace E. Harrell, Gilbert, Harrell, Gilbert, Sumerford & Martin, PC, Brunswick, GA, Robert Myron Kincaid, Jr., Baker & Hostetler, LLP, Columbus, OH, Deborah A. Wilcox, Baker & Hostetler, LLP, Cleveland, OH, for defendants.

ORDER

BOWEN, Chief Judge.

Plaintiff Corbitt Manufacturing Company has moved for a preliminary injunction. On March 27 and 28, 2002, an evidentiary hearing was held to address Plaintiff's request. For reasons stated below, Plaintiff's motion for a preliminary injunction is DENIED.

I. Introduction

Plaintiff and Defendants manufacture and market mulch. In 1990, Plaintiff registered the trademark "NO FLOAT" for its mulch. Plaintiff...

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