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OPTICIANS ASS'N OF AMERICA v. INDEP. OPTICIANS

Civ. A. No. 90-63 (MTB).

734 F.Supp. 1171 (1990)

OPTICIANS ASSOCIATION OF AMERICA, a Pennsylvania Corporation, Plaintiff, v. INDEPENDENT OPTICIANS OF AMERICA, INC., a non-profit corporation of New Jersey, Robert C. Troast, an individual, Alfred Villavecchia, an individual, A. Villavecchia & Sons, Walter H. Neubert, Inc., B.D. Kovacs, Optician, Optical Illusion, Robert C. Troast, Guild Opticians, Gibba Guild Opticians, Arthur L. Wells, Rx Optician, Kubick & Kubick Eye & Ear, Carl H. Bergelt, Guild Optician, In Sight Optics, William H. Ackerman, Optician, Douglas R. Manhire, Optician, Gerald A. York, Optician, Saft Guild Opticians, Lawrenceville Optician, M. Wood, Guild Optician, Lynch-Wood Opticians, F. Meserall & Co., Opticians, Defendants.

United States District Court, D. New Jersey.

April 18, 1990.

Attorney(s) appearing for the Case

Saidman, Sterne, Kessler & Goldstein Washington, D.C. by Joan L. Dillon, McCarter & English, Newark, N.J. by Roslyn S. Harrison, for plaintiff.

Blum Kaplan, New York City by Steven B. Pokotilow, Anita K. Yeung, Pamela Mandel, Millburn, N.J., for defendants.

OPINION

BARRY, District Judge.

I. INTRODUCTION

Plaintiff Opticians Association of America ("OAA") has registered and maintained a group of seven collective marks (the "guild marks") that were intended to be used exclusively by its members. Defendants, former members of the OAA, used these guild marks while they were members of the OAA and have continued to use these marks despite having terminated those memberships. In June 1989, plaintiff demanded...

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