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BD. OF GOV. OF UNIV. OF N.C. v. HELPINGSTINE

Civ. No. C-87-447-D.

714 F.Supp. 167 (1989)

The BOARD OF GOVERNORS OF the UNIVERSITY OF NORTH CAROLINA, and The University of North Carolina at Chapel Hill, Plaintiffs, v. Charles HELPINGSTINE, Johnny T-Shirt, JTS Promotions, and Michael W. Helpingstine, Defendants.

United States District Court, M.D. North Carolina, Durham Division.

January 9, 1989.

Attorney(s) appearing for the Case

Edwin M. Speas, Jr., Kaye R. Webb, N.C. Dept. of Justice, Raleigh, N.C., for plaintiffs.

Larry L. Coats, David E. Bennett, Raleigh, N.C., for defendants.

Bruce O. Baumgartner, R. Scott Keller, Baker & Hostetler, Cleveland, Ohio, CCI/ICE — amicus curiae atty.

MEMORANDUM OPINION

BULLOCK, District Judge.

Plaintiffs instituted this action against Defendants under the Lanham Act, specifically 15 U.S.C. §§ 1114 and 1125, and N.C. Gen.Stat. § 75-1.1, alleging trademark infringement, false designation of source or origin, and unfair and deceptive trade practices. Defendants denied such practices and brought counterclaims under the Sherman Act, 15 U.S.C. § 1, and N.C.Gen.Stat. §§ 66-58 and...

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