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POLO FASHIONS, INC. v. DIEBOLT, INC.

Civ. A. No. 84-2336.

634 F.Supp. 786 (1986)

POLO FASHIONS, INC., Plaintiff, v. DIEBOLT, INC., d/b/a Diebolt Clothing Store, Defendant.

United States District Court, D. Kansas.

May 2, 1986.

Attorney(s) appearing for the Case

James F.B. Daniels, Husch, Eppenberger, Donohue, Elson & Cornfeld, Kansas City, Mo., Bruce E. Moore, Cooke, Ballweg, Tuley & Moore, Leawood, Kan., Milton Springut, Amster, Rothstein & Ebenstein, New York City, for plaintiff.

George Diebolt, Thomas F. Werring, J. David Farris, Farris & Werring, Atchison, Kan., for defendant.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter is before the court on plaintiff's motions to modify the pre-trial order and for summary judgment. This is an action by Polo Fashions, Inc. [hereinafter Polo] for trademark infringement, false designation of origin and description, and unfair competition against Diebolt, Inc., d/b/a Diebolt Clothing Store [hereinafter Diebolt], for selling counterfeit shirts styled, manufactured and sold by...

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