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KELLMAN v. COCA-COLA CO.

No. 03-71542.

280 F.Supp.2d 670 (2003)

Marc KELLMAN and David Kellman, Plaintiffs, v. The COCA-COLA COMPANY, Coca-Cola Enterprises, Inc. Detroit Red Wings, Inc. and NHL Enterprises, L.P., Defendants.

United States District Court, E.D. Michigan, Southern Division.

August 12, 2003.

Attorney(s) appearing for the Case

Andrew M. Zack, Andrew J. Munro, Michael D. Kennedy, Munro & Zack, Troy, MI, for Plaintiffs.

David N. Zacks, Jacqueline H. Sellers, Lewis & Munday, Detroit, MI, Michael J. Kline, Coca-Cola Company, Bruce W. Baber, Charmaine D. Williams, King & Spalding, Atlanta, GA, Gerald E. McGlynn, III, Bliss, McGlynn, Troy, MI, for Defendants.

OPINION AND ORDER

O'MEARA, District Judge.

Before the Court are Defendants' motions to dismiss. This is a patent and copyright infringement case. Plaintiffs Marc and David Kellman allege that the Detroit Red Wings and the Coca-Cola Corporation used an image of their copyrighted and patented "Wing Nut Hat" on t-shirts and bottlecaps. We had a hearing on August 8, 2003. Having reviewed and considered the parties' motions, briefs and supporting documents...

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