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MONOFLO INTERN., INC. v. SAHM

Civ. A. No. 89-1285-A.

726 F.Supp. 121 (1989)

MONOFLO INTERNATIONAL, INC., Plaintiff, v. Ekkehard SAHM, and Kunststoff Kontor GmbH, Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

November 29, 1989.

Attorney(s) appearing for the Case

Robert A. Vanderhye, Nixon & Vanderhye P.C., Arlington, Va., for plaintiff.

Daniel E. Johnson, David G. Baldacci, Calligaro & Mutryn P.C., Washington, D.C., for defendants.

MEMORANDUM OPINION

ELLIS, District Judge.

A threshold dismissal motion directed at Count I of plaintiff's Amended Complaint presents questions concerning the reach Section 43(a) of the Lanham Act (the "Act"), 15 U.S.C. § 1125(a),1 and of state and federal unfair competition laws. Specifically, the following two questions are presented:

(1) Does Section 43(a) of the Act reach misrepresentations that do not pertain...

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