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MEJIA AND ASSOCIATES, INC. v. IBM CORP.

No. 94 Civ 6722 (LAK).

920 F.Supp. 540 (1996)

MEJIA AND ASSOCIATES, INCORPORATED, Plaintiff, v. INTERNATIONAL BUSINESS MACHINES CORP., Defendant.

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

April 1, 1996.

Attorney(s) appearing for the Case

Dennis H. Cavanaugh, New York City, for Plaintiff.

Richard W. Clary and David A. Zonana, Cravath, Swaine, & Moore, New York City, for Defendant.

OPINION

KAPLAN, District Judge.

Plaintiff Mejia and Associates Incorporated ("Mejia") and International Business Machines Corporation ("IBM") both sell products under the name "EduQuest." Mejia, the senior user, contends that IBM's use infringes and dilutes its mark and constitutes unfair competition. It therefore seeks to enjoin IBM's continued use of the name. Mejia, however, concedes that IBM adopted the EduQuest name in ignorance of Mejia's

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