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SEARS, ROEBUCK AND CO. v. SEARS PLC

Civ. A. No. 88-342-JLL.

752 F.Supp. 1223 (1990)

SEARS, ROEBUCK AND CO., Plaintiff, v. SEARS PLC and Sears Financial Services Limited, Defendants.

United States District Court, D. Delaware.

November 30, 1990.

Attorney(s) appearing for the Case

Arthur G. Connolly, Jr., of Connolly, Bove, Lodge & Hutz, Wilmington, Del., James A. Drobile of Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., Nancy Schaefer, Thomas D. Rosenwein and David S. Fleming of Schaefer, Rosenwein & Fleming, Chicago, Ill., of counsel, for plaintiff.

Jesse A. Finkelstein, Robert W. Whetzel and James C. Strum of Richards, Layton & Finger, Wilmington, Del., Shelby R. Grubbs and Susan Kerr Lee of Grant, Konvalinka & Grubbs, Chattanooga, Tenn., of counsel, for defendants.

OPINION

LATCHUM, Senior District Judge.

I. BACKGROUND

On June 28, 1988 Sears, Roebuck and Company ("Roebuck") filed a trademark and trade name infringement action against Sears plc ("PLC") a British corporation.1 (Complaint, Docket Item ["D.I."] 1.) Discovery closed on December 15, 1989. The Court issued two memorandum opinions and related orders on July 24, 1990 which addressed PLC's motions to dismiss, and motions...

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