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LINDENHURST DRUGS, INC. v. LINDEN PLAZA DRUG, ETC.

No. 82 C 513.

539 F.Supp. 253 (1982)

LINDENHURST DRUGS, INC., Plaintiff, v. LINDEN PLAZA DRUG & VARIETY, INC., Defendant.

United States District Court, N. D. Illinois, E. D.

May 5, 1982.

Attorney(s) appearing for the Case

Cary S. Fleischer, Thomas A. Mass, Mass Miller & Josephson, Chicago, Ill., for plaintiff.

Thomas P. Stepanich, Waukegan, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Lindenhurst Drugs, Inc. ("Lindenhurst") has sued Linden Plaza Drug & Variety, Inc. ("Linden Plaza") under Lanham Act § 43(a) ("Section 43(a)"), 15 U.S.C. § 1125(a). Linden Plaza has moved to dismiss the Complaint for lack of the nexus with "commerce" required for Section 43(a) jurisdiction. Under Lanham Act § 45, 15 U.S.C. § 1127, "commerce" is defined as embracing the entire breadth...

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