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MILLER BREWING CO. v. FALSTAFF BREWING CORP.

Civ. A. No. 80-0382.

503 F.Supp. 896 (1980)

MILLER BREWING COMPANY v. FALSTAFF BREWING CORPORATION (a Rhode Island corporation) and Falstaff Brewing Corporation (a Delaware Corporation).

United States District Court, D. Rhode Island.

On Motion for Stay January 13, 1981.

Attorney(s) appearing for the Case

Edwin Hastings, and Edward J. Regan, of Tillinghast, Collins & Graham, Providence, R.I., Anthony Fletcher, of Conboy, Hewitt, O'Brien & Boardman, New York City, for plaintiff.

David A. Schechter, Providence, R.I., Steven J. Cannata, of Alioto & Alioto, San Francisco, Cal., for defendant.

OPINION AND ORDER

PETTINE, Chief Judge.

This is an action brought by the Miller Brewing Company for unfair competition and false designation of origin, pursuant to § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and for trademark dilution under Rhode Island law, R.I.G.L. § 6-2-12. Since 1972, Miller has brewed and marketed a reduced calorie beer called LITE. Miller is seeking a preliminary injunction to prevent Falstaff Brewing Corporation...

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