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PELLEGRINO v. AMERICAN GREETINGS CORP.

Civ. No. 83-5134.

592 F.Supp. 459 (1984)

Thomas PELLEGRINO, Plaintiff, v. AMERICAN GREETINGS CORPORATION, an Ohio corporation principally, doing business in or about the City of Cleveland, Ohio; et al. Defendant.

United States District Court, D. South Dakota, W.D.

August 2, 1984.

Attorney(s) appearing for the Case

Thomas Pellegrino, pro se.

Gene, N. Lebrun, Lynn, Jackson, Shultz & Lebrun, Rapid City, S.D., for Budahl Drug, Inc., Gordon S. Budahl, American Greetings Corp. and Irving I. Stone.

Wayne F. Gilbert, Banks & Johnson, Rapid City, S.D., and David R. Schlee, Kansas City, Mo., and Tom Wilson, Universal Press, Inc., Writer's Market and Bernadine Clark.

MEMORANDUM OPINION

BOGUE, Chief Judge.

FACTS AND PROCEDURAL HISTORY

Thomas Christopher Pellegrino, a/k/a Tom Christopher, pro se, has brought an action against the Defendants for copyright infringement, fraudulent trademark, and unfair competition. The Court has jurisdiction of this action under 28 U.S.C. § 1338 and 15 U.S.C. § 1121. The Plaintiff contends that the Ziggy cartoon character created by the Defendant Tom Wilson, and marketed...

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