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AMERICAN DIABETES ASS'N v. NATIONAL DIABETES ASS'N

Civ. A. No. 81-0114.

533 F.Supp. 16 (1981)

AMERICAN DIABETES ASSOCIATION, INC. and American Diabetes Association Greater Philadelphia Affiliate, Inc. v. NATIONAL DIABETES ASSOCIATION, Dennis J. Connor and Suzanne F. Mottola.

United States District Court, E. D. Pennsylvania.

July 2, 1981.

Attorney(s) appearing for the Case

Manny D. Pokotilow, Philadelphia, Pa., for plaintiffs.

Malcolm H. Waldron, Jr., Philadelphia, Pa., for defendants.

FINDINGS

McGLYNN, District Judge.

This action for trademark infringement and unfair competition, arising under common law and section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), respectively, is presently before the Court on plaintiffs' motion for preliminary injunction. The basic question presented is whether defendants' use of the name National Diabetes Association in solicitations for contributions to its charitable organization violates the Lanham...

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