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VIRGINIA TECH v. HOKIE REAL ESTATE

Civil Action No. 7:10CV00466.

813 F.Supp.2d 745 (2011)

VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY, Plaintiff/Counterclaim Defendant, v. HOKIE REAL ESTATE, INC., Defendant/Counterclaim Plaintiff, v. Locke White and Lawrence Hincker, Counterclaim Defendants.

United States District Court, W.D. Virginia, Roanoke Division.

June 6, 2011.

Attorney(s) appearing for the Case

Kay Kurtz Heidbreder, University Legal Counsel, Virginia Tech, Blacksburg, VA, Alex Seth Fonoroff, Alicia Grahn Jones, Harris Weems Henderson, Richard Charles Henn, Jr., Kilpatrick Townsend & Stockton LLP, Atlanta, GA, for Plaintiff/Counterclaim Defendants.

Blair N. C. Wood, Keith Finch, Brian Scott Wheeler, The Creekmore Law Firm, P.C., Blacksburg, VA, James Robert Creekmore, The Creekmore Law Firm PC, Daleville, VA, for Defendant.

MEMORANDUM OPINION

GLEN E. CONRAD, Chief Judge.

On October 18, 2010, Virginia Polytechnic Institute and State University ("Virginia Tech") commenced this action against Hokie Real Estate, Inc. ("Hokie Real Estate"), asserting claims of false designation of origin and trademark dilution under the Lanham Act, 15 U.S.C. § 1125, and a supplemental claim of unfair competition under Virginia law. All three claims stem from the defendant's use of the...

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