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MACIA v. MICROSOFT CORP.

No. 2:00-CV-299.

152 F.Supp.2d 535 (2001)

Harland A. MACIA, III, d/b/a Catamount Software, Plaintiff, v. MICROSOFT CORPORATION, Intuit, Inc., and Meca Software, LLC, Defendants.

United States District Court, D. Vermont.

June 21, 2001.

Attorney(s) appearing for the Case

David Seth Putter, Putter & Edson, LLP, Montpelier, VT, Markus Brakhan, Esq., The Law Office of Markus Brakhan, Burlington, VT, for Harland A Macia, III, d/b/a Catamount Software.

John T Sartore, Paul, Frank & Collins, Burlington, VT, John Thomas Brown, Esq., Demetra Merikas, Esq., Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, Chicago, IL, Linda Norman, Esq., Microsoft Corporation USA, Redmond, WA, for Microsoft Corporation.

Walter Edmond Judge, Jr., Esq., Eric Andrew Poehlmann, Esq., Downs, Rachlin & Martin, P.C., Burlington, VT, for Intuit, Inc.

Shapleigh Smith, Jr., Esq., Dinse, Knapp & McAndrew, P.C., Burlington, VT, for Meca Software, LLC.

OPINION AND ORDER

SESSIONS, District Judge.

In this case asserting trademark infringement and unfair competition claims under the Lanham Act and related state law, Defendant Intuit, Inc. ("Intuit") has moved to dismiss the counts asserted against it for failure to state a claim, pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons that follow, Intuit's motion is granted in part and denied in part.

I. Factual Background

The following...

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