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SPIEGELBERG v. COLLEGIATE LICENSING CO.

No. CIV.A. H-05-1264.

402 F.Supp.2d 786 (2005)

John SPIEGELBERG, d/b/a Red Raider Outfitter, Plaintiff, v. The COLLEGIATE LICENSING COMPANY, Defendant.

United States District Court, S.D. Texas, Houston Division.

November 30, 2005.

Attorney(s) appearing for the Case

Erik Joseph Osterrieder, Schubert Osterrieder et al, Austin, TX, for John Spiegelberg doing business as Red Raider Outfitter, Plaintiff.

Alicia Grahn Jones, Kilpatrick Stockton, LLP, Atlanta, GA, Bruce Charles Morris, Beirne Maynard and Parsons, Houston, TX, Christopher J. Kellner, Killpatrick Stockton LLP, R. Charles Henn, Kilpatrick Stockton, LLP, Atlanta, GA, David Alan Walton, Beirne Maynard et al, Houston, TX, for Collegiate Licensing Company, Defendant.

MEMORANDUM AND ORDER

ATLAS, District Judge.

This is a trademark infringement case between plaintiff John Spiegelberg, d/b/a Red Raider Outfitter ("Plaintiff"), and defendant The Collegiate Licensing Company ("CLC") involving marks owned by nonparty Texas Tech University ("TTU"). CLC is the licensing agent for TTU. Plaintiff sues CLC for a declaratory judgment that Plaintiff has not infringed, unfairly competed with, or diluted TTU's trademarks.

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