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M2 SOFTWARE, INC. v. VIACOM, INC.

No. CV 98-8734 RAP MCX.

119 F.Supp.2d 1061 (2000)

M2 SOFTWARE, INC., a Delaware corporation, Plaintiff, v. VIACOM, INC., a Delaware corporation; Viacom International, Inc., a Delaware corporation; and MTV Networks Company, a Delaware corporation, Defendants.

United States District Court, C.D. California.

July 27, 2000.

Attorney(s) appearing for the Case

Robert B Owens, Owens & Gach Ray, Los Angeles, CA, Mark L Johnson, Steven L Baron, D'Ancona & Pflaum, Chicago, IL, Don A Hernandez, Don A Hernandez Law Offices, Pasadena, CA, E Randol Schoenberg, E Randol Schoenberg Law Offices, Los Angeles, CA, for plaintiff.

Anthony M Keats, Dennis L Wilson, Larry W McFarland, Keats McFarland & Wilson, Beverly Hills, CA, for defendants.

ORDER GRANTING SUMMARY JUDGMENT

PAEZ, District Judge.

I.

Introduction

Plaintiff M2 Software, Inc. brings this action for damages against defendants Viacom, Inc., Viacom International, Inc. and MTV Networks Company for trademark infringement and unfair competition. Plaintiff owns the federally registered trademark for the M2 mark. Plaintiff asserts that defendants unlawfully infringed the M2 mark when they used it to describe their second...

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