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INFORMATION SUPERHIGHWAY, INC. v. TALK AMERICA

No. 03 Civ.1995(RWS).

395 F.Supp.2d 44 (2005)

INFORMATION SUPERHIGHWAY, INC., Plaintiff, v. TALK AMERICA, INC. and America Online, Inc., Defendants.

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

October 13, 2005.

Attorney(s) appearing for the Case

Daniel A. Eigerman, New York, NY, for Plaintiff.

Feder, Kaszovitz, Isaacson, Weber, Skala, Bass & Rhine, New York, NY by Larry B. Miller, for Defendants.

OPINION

SWEET, District Judge.

Defendants Talk America, Inc. ("Talk") and America Online, Inc. ("AOL") (collectively the "Defendants") have moved under Rule 56, Fed.R.Civ.P., to dismiss the amended complaint of plaintiff Information Superhighway, Inc. ("ISI") alleging trademark infringement and state law claims arising out of the use by the Defendants of the domain name "Telsave.com." For the reasons set forth below, the motion is granted, and the...

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