LINN CAMERA SHOP INC. v. MEIJER, INC.

No. G82-716 CA5.

559 F.Supp. 175 (1982)

LINN CAMERA SHOP INC., a Michigan corporation, Plaintiff and Counter-Defendant, v. MEIJER, INC., a Michigan corporation, Defendant and Counter-Plaintiff.

United States District Court, W.D. Michigan, S.D.

December 28, 1982.


Attorney(s) appearing for the Case

McKinnon & McKinnon by Malcolm R. McKinnon and Malcolm L. McKinnon, Lansing, Mich., for plaintiff and counter-defendant.

Price, Heneveld, Huizenga & Cooper by William W. DeWitt and Donald S. Gardner, Grand Rapids, Mich., for defendant and counter-plaintiff.


OPINION RE: MOTION FOR PRELIMINARY INJUNCTION

HILLMAN, District Judge.

This is a civil action brought by plaintiff Linn Camera Shop in which plaintiff seeks a Declaratory Judgment pursuant to 28 U.S.C. §§ 2201, 2202. Specifically, plaintiff seeks a declaration from this court that plaintiff's past and continued use of the phrase, "NEXT DAY OR FREE," in connection with its film processing business does not amount to service mark infringement or...

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