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COLONIAL LIFE & ACC. v. AMERICAN FAMILY LIFE

C.A. No. 3:92-3619-19.

846 F.Supp. 454 (1994)

COLONIAL LIFE & ACCIDENT INSURANCE COMPANY, Plaintiff, v. AMERICAN FAMILY LIFE ASSURANCE COMPANY OF COLUMBUS, Defendant.

United States District Court, D. South Carolina, Columbia Division.

March 16, 1994.

Attorney(s) appearing for the Case

Michael H. Quinn, Theodore D. Willard, Jr., Quinn, Arndt, Patterson & McIntosh; Carl B. Epps, III, John E. Cuttino, Turner, Padget, Graham & Laney, P.A, of Columbia, SC; and William H. Needle, Lawrence K. Nodine, and Nagendra Setty, Needle and Rosenberg, P.C., Atlanta, GA, for plaintiff.

Wilburn Brewer, Jr., Val H. Stieglitz, III, Nexsen, Pruet, Jacobs & Pollard, Columbia, SC, and James F. Vaughan, George M. Hopkins, and Scott A. Horstemeyer, Hopkins & Thomas, Atlanta, GA, for defendant.

ORDER

SHEDD, District Judge.

Plaintiff has filed this action seeking declaratory and injunctive relief concerning its federally registered servicemark "THE LEADER IN PAYROLL MARKETING." This matter is now before the Court pursuant to Rule 56 of the Federal Rules of Civil Procedure for resolution of plaintiff's motion for partial summary judgment as to its first cause of action, which seeks a declaration that its use of the servicemark is not actionable...

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