MEMORANDUM OPINION AND ORDER
McLAREN, District Judge.
This matter arises upon defendant's motion for summary judgment. For the reasons set forth below, the motion will be granted in part and denied in part.
The following facts are uncontroverted for the purposes of this motion. Plaintiffs have used the word TURTLES and representations of turtles in the sale of candy for many years and have registered them as trademarks with the United States Patent...
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