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SCOTT PAPER CO. v. NICE-PAK PRODUCTS, INC.

Civ. A. No. 87-517-JLL.

678 F.Supp. 1086 (1988)

SCOTT PAPER COMPANY, Plaintiff, v. NICE-PAK PRODUCTS, INC., Defendant.

United States District Court, D. Delaware.

January 22, 1988.

Attorney(s) appearing for the Case

Rudolf E. Hutz, Paul E. Crawford, Stanley C. Macel III, and Collins J. Seitz, Jr. of Connolly, Bove, Lodge & Hutz, Wilmington, Del., and Norman M. Heisman, John W. Kane, Jr., and John A. Weygandt of Scott Paper Co., Philadelphia, Pa., of counsel, for plaintiff.

R.H. Richards III of Richards, Layton & Finger, Wilmington, Del., Michael J. Sweedler and Andrew Baum of Darby & Darby, P.C., New York City, and David M. Perlmutter of Golenbock, Eiseman, Assor, Bell & Perlmutter, New York City, of counsel, for defendant.

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

This cause of action is for trademark infringement, trademark dilution and deceptive trade practices. The issue now before the Court is defendant's pre-answer motion to dismiss or, in the alternative, transfer the cause of action to the United States District Court for the Southern District of New York under 28 U.S.C. § 1406(a). (Docket Item ["D.I."] 9.) For reasons set forth below, the Court will deny...

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