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KINBOOK, LLC v. MICROSOFT CORP.

Civil Action No. 10-4828.

866 F.Supp.2d 453 (2012)

KINBOOK, LLC, Plaintiff, v. MICROSOFT CORPORATION, Defendant.

United States District Court, E.D. Pennsylvania.

January 25, 2012.

Attorney(s) appearing for the Case

Richard D. Gallucci, Jr., Lauletta Birnbaum LLC, Steven H. Doto, Lauletta, Birnbaum, LLC, Turnersville, NJ, for Plaintiff.

Bonnie M. Hoffman, William T. Hangley, Hangley Aronchick Segal & Pudlin, Philadelphia, PA, Cathay Y.N. Smith, Christine E. Bestor, Floyd A. Mandell, Chicago, IL, for Defendant.

MEMORANDUM

GENE E.K. PRATTER, District Judge.

I. INTRODUCTION

Kinbook, LLC ("Kinbook"), a small online social networking software company, filed this action against the Microsoft Corporation ("Microsoft") for unfair competition and reverse trademark infringement under the Lanham Act of 1946, 15 U.S.C. § 1125(a). Kinbook blames Microsoft's release of "Kinect" (a controller-free motion sensor for its XBOX 360 video gaming console) and...

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