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  5. 942 F.Supp. 1312 (1996)
 

MICROSTAR v. FORMGEN, INC.

No. CV 96-3435 H(CM).

942 F.Supp. 1312 (1996)

MICROSTAR, Plaintiff, v. FORMGEN, INC., a corporation; GT Interactive Software Corp., a corporation; 3D Realms Entertainment, and Does 1 through 100, inclusive, Defendant.

United States District Court, S.D. California.

September 30, 1996.

Attorney(s) appearing for the Case

Philip H. Stillman, Flynn, Sheridan and Tabb, Rancho Santa Fe, CA, for Micro Star.

Michael L. Kirby, Jonathan Andrews Boynton, Steven B. Duke, Post, Kirby, Noonan and Sweat, San Diego, CA, Michael S. Oberman, Jeffrey S. Trachtman, Kramer, Levin, Naftalis & Frankel, New York City, for Formgen, Inc., GT Interactive Software Corp., and 3D Realms Entertainment.

MEMORANDUM ORDER

HUFF, District Judge.

Defendants/counterclaim plaintiffs Formgen, Inc. and Apogee Software, Ltd. d/b/a 3D Realms Entertainment (together, "Movants") on August 9, 1996 filed an application for a Preliminary Injunction pursuant to Federal Rule of Civil Procedure 65. Movants, the manufacturers and distributors of the video CD-ROM game "Duke Nukem 3D" (hereinafter Duke 3D) allege that the video CDROM game "Nuke It," manufactured and distributed...

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