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METZKE v. MAY DEPT. STORES CO.

Civ. A. No. 89-1334.

878 F.Supp. 756 (1995)

Mary L. METZKE and Designs by Metzke, Inc., Plaintiffs, v. The MAY DEPARTMENT STORES COMPANY, Defendant.

United States District Court, W.D. Pennsylvania.

March 10, 1995.

Attorney(s) appearing for the Case

Frank Mast, Frank Mast & Associates, Pittsburgh, PA, Frederick M. Morgan, Jr., Cincinnati, OH, for plaintiffs.

Frederick B. Ziesenheim, Michael I. Shamos, Raymond J. Harmuth, Webb, Burden, Ziesenheim & Webb, Pittsburgh, PA, for defendant.

OPINION

COHILL, District Judge.

Before the Court is a motion for partial summary judgment filed by defendant The May Department Stores Company (May) in response to the second amended complaint filed by plaintiffs Mary L. Metzke and Designs by Metzke, Inc. The second amended complaint has four counts: copyright infringement under 17 U.S.C. § 101 et seq. (Count I), trademark infringement and unfair competition under § 43(a) of the Lanham...

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