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TRAK INC. v. BENNER SKI KG

Civ. A. No. 79-662-G.

475 F.Supp. 1076 (1979)

TRAK INCORPORATED, Plaintiff, v. BENNER SKI KG and Bavarian Ski Co., Inc., Defendants.

United States District Court, D. Massachusetts.

September 5, 1979.

Attorney(s) appearing for the Case

Frank P. Porcelli, Fish & Richardson, Boston, Mass., for plaintiff.

Arthur Z. Bookstein, Wolf, Greenfield & Sacks, P. C., Boston, Mass., for defendants.

MEMORANDUM OF DECISION ON MOTION FOR PRELIMINARY INJUNCTION

GARRITY, District Judge.

This is a suit for relief from alleged trademark infringement and unfair competition. Plaintiff Trak Incorporated ("Trak") owns a trademark "fishscale" registered on the Principal Register under 15 U.S.C. § 1051 and used in association with certain waxless cross-country skis. Defendant Benner Ski Kg ("Benner"), a Germanbased ski manufacturer, uses the mark "fishstep...

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