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NEW YORK STATE ELEC. & GAS v. U.S. GAS & ELEC.

No. 09-CV-6618L.

697 F.Supp.2d 415 (2010)

NEW YORK STATE ELECTRIC & GAS CORPORATION, Plaintiff, v. U.S. GAS & ELECTRIC, INC. et al., Defendants.

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

March 19, 2010.

Attorney(s) appearing for the Case

Richard D. Rochford, Michael F. Orman, Nixon Peabody LLP, Rochester, NY, for Plaintiff.

Donald W. O'Brien, Jr., Woods Oviatt Gilman LLP, Rochester, NY, John Sheldon Letchinger, Peter Nicholas Moore, Sandra Scavo Pedersen, Wildman Harrold Allen & Dixon LLP, Chicago, IL, for Defendants.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

This is a trademark action. The principal issue is whether U.S. Gas & Electric's recent use of the acronym "NYG & E" and "New York Gas & Electric" in connection with its supply of natural gas and electricity in New York State infringes on the "NYSEG" mark, long-used by plaintiff, New York State Electric & Gas Corporation. While the ultimate determination of that question cannot be...

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