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AMERICAN EYEWEAR, INC. v. PEEPER'S SUNGLASSES AND ACCESSORIES, INC.

No. CIV. A. 3:99CV1657-D.

106 F.Supp.2d 895 (2000)

AMERICAN EYEWEAR, INC., Plaintiff, v. PEEPER'S SUNGLASSES AND ACCESSORIES, INC., et al., Defendants.

United States District Court, N.D. Texas, Dallas Division.

May 16, 2000.

Attorney(s) appearing for the Case

Peter S. Vogel(argued), Scott L. Davis, Kay L. Schwartz, Eric S. Levy, Gardere & Wynne, L.L.P., Dallas, TX, Elisabeth A. Evert, Sidley & Austin, Dallas, TX, for Plaintiff.

Jonathan E. Moskin(argued), Jacqueline Lesser, Pennie & Edmonds, L.L.P., New York City, Corbet F. Bryant, Jr., Craig W. Weinlein, Lara H. Hollingsworth, Carrington, Coleman, Sloman & Blumenthal, L.L.P., Dallas, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

Plaintiff American Eyewear, Inc. ("AEI"), a Texas corporation with its principal place of business in Dallas, Texas, owns the stylized trademark PEEPER'S, which is registered under federal trademark law and Texas trademark and service mark law. Defendant Peeper's sunglasses and Accessories, Inc., now known as Peepers, Inc. ("PI"), whose principal place of business is in Duluth, Minnesota, owns...

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