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J&D HOME IMPROVEMENT, INC. v. BASEMENT DOCTOR, INC.

No. CIV.A.02-1275-SLR.

247 F.Supp.2d 575 (2003)

J & D HOME IMPROVEMENT, INC., Plaintiff, v. BASEMENT DOCTOR, INC., Defendant.

United States District Court, D. Delaware.

February 26, 2003.

Attorney(s) appearing for the Case

C. Malcolm Cochran, IV, Esquire and Chad M. Shandler, Esquire of Richards, Layton & Finger, LLP, Wilmington, DE. for Plaintiff. Of Counsel: Robert G. Schuler, Esquire of Kegler, Brown, Hill & Ritter Co, LPA, Columbus, OH.

Laurence V. Cronin, Esquire and Joelle E. Polesky, Esquire of Smith, Katzenstein & Furlow LLP, Wilmington, DE, for Defendant. Of Counsel: Stanley H. Cohen, Esquire of Caesar, Rivise, Bernstein, cohen & Pokotilow, Ltd, Philadelphia, PA.

MEMORANDUM OPINION

SUE L. ROBINSON, Chief Judge.

I. INTRODUCTION

On July 8, 2002 plaintiff J & D Home Improvement, Inc. ("J & D") filed this declaratory judgment action against defendant Basement Doctor, Inc. ("Basement Doctor") requesting adjudication of the parties' concurrent use rights to the service mark "BASEMENT DOCTOR." Currently before the court is defendant's motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1). (D.I.4)<...

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