AMERICAN EXP. v. ACCU-WEATHER, INC.

No. 91 Civ. 6485 (RWS).

849 F.Supp. 233 (1994)

AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., Plaintiff, v. ACCU-WEATHER, INC., Defendant. v. THE WEATHER CHANNEL, INC., Additional Defendant.

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

April 5, 1994.


Attorney(s) appearing for the Case

Weiss Dawid Fross Zelnick & Lehrman, P.C., New York City (Richard Lehv, Howard M. Rogatnick, of counsel), for American Exp. Travel Related Services Co., Inc. and The Weather Channel, Inc.

Beckley & Madden by Thomas A. Beckley, John G. Milakovic, Harrisburg, PA and Owen & Davis, New York City (James M. Davis, of counsel), for Accu-Weather, Inc.


OPINION

SWEET, District Judge.

American Express Travel Related Services Co., Inc. ("AMEX") and The Weather Channel, Inc. ("Weather Channel") have moved, pursuant to Rule 56, Fed.R.Civ.P. ("Rule 56"), for an order granting summary judgment on their request for a declaratory judgment that defendant Accu-Weather, Inc. ("Accu-Weather") does not own the mark 1-900-WEATHER, that an agreement between AMEX and Accu-Weather (the "Agreement") was properly terminated...

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