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W.L. GORE & ASSOCIATES, INC. v. TOTES INC.

Civ. A. No. 92-39-JLL.

788 F.Supp. 800 (1992)

W.L. GORE & ASSOCIATES, INC., Plaintiff, v. TOTES INCORPORATED, Defendant.

United States District Court, D. Delaware.

As Amended April 1, 1992.

Attorney(s) appearing for the Case

Robert H. Richards III, Allen M. Terrell, Jr. and Robert W. Whetzel of Richards, Layton & Finger, Wilmington, Del., David H. Pfeffer, Janet Dore, Dickerson M. Downing, Gabriel Kralik of Morgan & Finnegan, New York City, and John S. Campell of W.L. Gore & Associates, Inc., Newark, Del., of counsel, for plaintiff.

Rudolf E. Hutz and Collins J. Seitz, Jr. of Connolly, Bove, Lodge & Hutz, Wilmington, Del., and J. Robert Chambers, Gregory F. Ahrens of Wood, Herron & Evans, Cincinnati, Ohio, of counsel, for defendant.

OPINION

LATCHUM, Senior District Judge.

The plaintiff, W.L. Gore & Associates, Inc. ("Gore"), seeks a preliminary injunction to prevent Totes Incorporated ("`totes'") from making false and misleading descriptions and/or representations of fact in its advertising and from infringing on its trademark.1 The plaintiff questions whether `totes' is telling the whole truth about its product in its advertisements and its literature...

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