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MARVEL COMICS v. DEFIANT

No. 93 Civ. 5343 (MBM).

837 F.Supp. 546 (1993)

MARVEL COMICS LIMITED, Plaintiff, v. DEFIANT, A DIVISION OF ENLIGHTENED ENTERTAINMENT LTD., Defendant.

United States District Court, S.D. New York.

September 2, 1993.

Attorney(s) appearing for the Case

Kenneth A. Plevan, Steffi R. Kipperman, Bettina Elias, Skadden, Arps, Slate, Meagher & Flom, New York City, for plaintiff.

Marya Lenn Yee, Walter Eliot Bard, Steven M. Levy, Proskauer Rose Goetz & Mendelsohn, New York City, for defendant.

OPINION AND ORDER

MUKASEY, District Judge.

Plaintiff Marvel Comics Limited seeks injunctive relief and damages against defendant, Defiant, for trademark infringement and unfair competition growing out of defendant's use of the word "Plasm" in the name of a comic book. Plaintiff also requests that this court grant a declaratory judgment holding that when plaintiff's pending United States trademark registration issues, the attachment of plaintiff's statutory...

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