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HEARTLAND ANIMAL CLINIC v. HEARTLAND SPCA

Case No. 11-2629-JTM.

861 F.Supp.2d 1293 (2012)

HEARTLAND ANIMAL CLINIC, P.A., Plaintiff, v. HEARTLAND SPCA ANIMAL MEDICAL CLINIC, LLC, et al., Defendants.

United States District Court, D. Kansas.

March 21, 2012.

Attorney(s) appearing for the Case

Bradley R. Gardner, Christopher Marshall McHugh, Seigfreid, Bingham, Levy, Selzer & Gee, P.C., Kansas City, MO, for Plaintiff.

Jeffrey J. Simon, Tyler J. Scott, Husch Blackwell LLP, Kansas City, MO, for Defendants.

MEMORANDUM AND ORDER

J. THOMAS MARTEN, Judge.

This is an action under the Lanham Act, alleging one count of service mark infringement, in violation of 15 U.S.C. § 15259(a). The plaintiff Heartland Animal Clinic, a small veterinary clinic, seeks an injunction prohibiting the defendants from marketing their services under the "Heartland" mark.

On March 16, 2012, the court conducted a hearing on the plaintiff's Motion for Preliminary Injunction...

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