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NATIONWIDE TARPS, INC. v. MIDWEST CANVAS CORP.

No. 00-CV-1895.

228 F.Supp.2d 202 (2002)

NATIONWIDE TARPS, INC. d/b/a NTI Global, a New York Corporation, Plaintiff, v. MIDWEST CANVAS CORPORATION, an Illinois Corporation, Defendant.

United States District Court, N.D. New York.

October 16, 2002.

Attorney(s) appearing for the Case

Law Office of John W. Sutton, Attorney for Plaintiff Nationwide Tarps, Inc., Galway, John W. Sutton, Esq.

Carter Conboy Law Firm, Attorneys for Plaintiff Nationwide Tarps, Inc., Albany, Joseph T. Perkins, Esq.

Melvin & Melvin, LLP, Attorneys for Defendant Midwest Canvas Corp., Syracuse, Kenneth J. Brobycki, Esq., Elizabeth A. Genune, Esq., Of Counsel.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff Nationwide Tarps, Inc. ("NTI") commenced the instant action against Defendant Midwest Canvas Corporation ("MCC") asserting claims for violations of section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). MCC asserts counterclaims for a violation of section 43(a) of the Lanham Act, defamation, prima facie tort, and unfair competition and trade...

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