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MAJOR LEAGUE BASEBALL PROP. v. OPENING DAY PROD.

No. 96 Civ. 7078(GBD).

385 F.Supp.2d 256 (2005)

MAJOR LEAGUE BASEBALL PROPERTIES, INC. and the Office of the Commissioner of Baseball, Plaintiffs, v. OPENING DAY PRODUCTIONS, INC., Defendant. Opening Day Productions, Inc., Third-Party Plaintiff, v. Cotter & Company d/b/a True Value Hardware, and John Does numbered 1-5, Third-Party Defendants.

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

January 10, 2005.

Attorney(s) appearing for the Case

Mary L Kevlin, Cowan Liebowitz & Latman, New York, NY, for plaintiffs.

Thomas Arthur Bryan, Hicksville, NY, for defendant.

MEMORANDUM DECISION & ORDER

DANIELS, District Judge.

Plaintiffs Major League Baseball Properties, Inc. ("MLBP") and the Office of the Commissioner of Baseball ("BOC") bring this action seeking a declaration of noninfringement of the term "opening day." Defendant Opening Day Productions, Inc. counterclaim and filed a third-party complaint against TruServ Corporation (f/k/a Cotter & Company, referred hereinafter as "True Value Hardware"), seeking...

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