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COMMERCE BANCORP, INC. v. BANKATLANTIC

Civil No. 02-4774(JBS).

285 F.Supp.2d 475 (2003)

COMMERCE BANCORP, INC., Plaintiff, v. BANKATLANTIC, Defendant.

United States District Court, D. New Jersey.

September 25, 2003.

Attorney(s) appearing for the Case

Timothy D. Pecsenye, Esquire, Dennis P. McCooe, Esquire, Jennifer L. Miller, Esquire, Blank, Rome LLP, Cherry Hill, NJ, for Plaintiff Commerce Bancorp, Inc.

William L. Mentlik, Esquire, Roy H. Wepner, Esquire, Lerner, David, Littenberg, Krumholz & Mentlik, LLP, Westfield, NJ, and Eugene E. Stearns, Esquire, Jay B. Shapiro, Esquire, Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, Miami, FL, for Defendant BankAtlantic.

OPINION

SIMANDLE, District Judge.

This motion comes before the Court upon defendant BankAtlantic's motion for summary judgment on plaintiff Commerce Bancorp, Inc.'s claims for infringement and unfair competition relating to the mark AMERICA'S MOST CONVENIENT BANK. Defendant BankAtlantic, which uses the slogan FLORIDA'S MOST CONVENIENT BANK, operates its business in the state of Florida, approximately 1000 miles from Commerce's four-state territory...

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