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MATRIX ESSENTIALS v. EMPORIUM DRUG MART

No. 91-4457.

988 F.2d 587 (1993)

MATRIX ESSENTIALS, INC., Plaintiff-Counter-Defendant, Appellant-Cross-Appellee, v. EMPORIUM DRUG MART, INC., OF LAFAYETTE, d/b/a Drug Emporium, and Emporium Drug Mart, Inc., of Shreveport, d/b/a Drug Emporium, Defendants-Counter Claimants, Appellees-Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

April 19, 1993.

Attorney(s) appearing for the Case

Louis A. Colombo, Cleveland, OH, Louis Simon, II, Laborde & Neuner, Lafayette, LA, Theresa M. Gallion, Baker & Hostetler, Orlando, FL, for plaintiff-counter-defendant, appellant-cross-appellee.

Patrick J. Hanna, Joseph L. Lemoine, Jr., Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, Lafayette, LA, for defendants-counter claimants, appellees-cross-appellants.

Before GARWOOD and EMILIO M. GARZA, Circuit Judges.

GARWOOD, Circuit Judge:

Plaintiff-appellant Matrix Essentials, Inc. (Matrix) appeals a summary judgment rendered against it by the district court on claims of trademark infringement and unfair competition stemming from the unauthorized sale of its products by defendant-appellee-cross-appellant Emporium Drug Mart, Inc., (Emporium). 756 F.Supp. 280. Emporium cross-appeals the summary judgment...

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