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LANE CAPITAL MANAGEMENT v. LANE CAPITAL MANAGEMENT

No. 97 Civ. 1055(DC).

15 F.Supp.2d 389 (1998)

LANE CAPITAL MANAGEMENT, INC., Plaintiff, v. LANE CAPITAL MANAGEMENT, INC., Defendant.

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

July 31, 1998.

Attorney(s) appearing for the Case

Fross, Zelnick Lehrman & Zissu, P.C., by Barbara A. Solomon, Rose Auslander, New York City, for plaintiff.

Cowan, Leibowitz & Latman, P.C., by J. Christopher Jensen, Felicia G. Traub, New York City, for defendant.

OPINION

CHIN, District Judge.

This Lanham Act dispute stems from the parties' use of the identical trade name and service mark — "Lane Capital Management" — in connection with their respective businesses. Both parties offer investment services to individuals and institutions, and both claim exclusive right to use the mark on a nationwide basis.

Plaintiff Lane Capital Management, Inc. ("plaintiff"), began using the mark first...

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