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ORAL-B LABORATORIES, INC. v. MI-LOR CORP.

No. 85 Civ. 2455 (RWS).

611 F.Supp. 460 (1985)

ORAL-B LABORATORIES, INC., Plaintiff, v. MI-LOR CORPORATION, Defendant.

United States District Court, S.D. New York.

June 19, 1985.

Attorney(s) appearing for the Case

Liddy, Sullivan, Galway and Begler, New York City, Pillsbury, Madison & Sutro, San Jose, Cal., for plaintiff; Andrew V. Galway, Jay H. Begler, Arlana S. Cohen, New York City, Thomas P. O'Donnell, Judith E. Ciani, Randolf J. Rice, Douglas R. Tribble, San Jose, Cal., of counsel.

Pryor, Cashman, Sherman & Flynn, New York City, Cesari & McKenna, Boston, Mass., for defendant; Philip Hoffman, New York City, of counsel.

OPINION

SWEET, District Judge.

Defendant Mi-Lor Corporation ("Mi-Lor") has moved to dismiss this trademark infringement action brought by Oral-B Laboratories ("Oral-B") on the grounds that venue is improper. In the alternative, Mi-Lor moves, pursuant to 28 U.S.C. § 1404(a) to transfer the action to the District of Massachusetts. Mi-Lor has also moved to clarify the preliminary injunction entered by this court on April 12, 1985. The motions to dismiss...

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