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RACO CAR WASH SYSTEMS, INC. v. SMITH

Civ. A. No. 2:87-1967-1.

730 F.Supp. 695 (1989)

RACO CAR WASH SYSTEMS, INC., Plaintiff, v. Walt SMITH, Bill Stieren, James Smith, Jerry Lee Smith, S-4 Car Wash, Inc., Galesburg Manufacturing Company, individually and d/b/a Water Wiz Car Wash, Defendants.

United States District Court, D. South Carolina, Charleston Division.

Post Trial Motions December 7, 1989.

Attorney(s) appearing for the Case

Charles Baker and Keating L. Simons, Holmes & Thomson, Charleston, S.C. (Paul M. Johnson, Tulsa, Okl., of counsel), for plaintiff.

G. Dana Sinkler and Donald G. Mulack, Sinkler & Boyd, Charleston, S.C., and Malcolm McCaleb, Jr., Chicago, Ill., for defendants.

ORDER

HAWKINS, District Judge.

This is an action charging the defendants with trademark infringement, trade dress infringement, unfair trade practices, and copyright infringement. Defendant Galesburg Manufacturing Company has asserted a counterclaim seeking a declaration that it is not infringing any of the plaintiffs rights and that the plaintiff's U.S. Trademark # 1,356,031 is invalid.1

Upon the recommendation and consent...

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