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SMITH v. AMES DEPT. STORES, INC.

Civ. No. 95-5092 (WHW).

988 F.Supp. 827 (1997)

Warren K. SMITH, Plaintiff, v. AMES DEPARTMENT STORES, INC., Zayre New England Corp., Zayre Central Corp. and Ames Stores, Defendants.

United States District Court, D. New Jersey.

December 9, 1997.

Attorney(s) appearing for the Case

Parker S. Bagley, Gary M. Butter, Stephen Gustavson, Brumbaugh, Graves, Donohue & Raymond, New York City, for Plaintiff.

George Borababy, Mitchell R. Berger, Laura C. Tayloe, Patton Boggs L.L.P., Washington DC, and Arnold B. Calmann, Wendy B. Schreckinger, Saiber, Schlesinger, Satz & Goldstein, Newark, NJ, for Defendants.

OPINION

WALLS, District Judge.

This trademark infringement case comes before the Court upon defendants' motion for summary judgment. Defendants Ames Department Stores, Inc., a Delaware corporation with its principal place of business in Connecticut, Zayre New England Corp. and Zayre Central Corp., both subsidiaries of Ames Department Stores, Inc. (collectively "Ames"), operate retail discount stores in northeastern and mid-atlantic states. Plaintiff Warren...

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