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K'S MERCHANDISE MART, INC. v. KMART CORP.

No. 99-2296.

81 F.Supp.2d 923 (2000)

K'S MERCHANDISE MART, INC., Plaintiff, v. KMART CORPORATION, Defendant.

United States District Court, C.D. Illinois, Danville/Urbana Division.

January 25, 2000.

Attorney(s) appearing for the Case

Donald W. Rupert, Joan L. Long, Douglas M. Eveleigh, Mayer Brown & Platt, Chicago, IL, Joseph D. Murphy, Meyer, Capel, Hirschfeld, Muncy, Jahn & Aldeen, Champaign, IL, for plaintiff.

Gerald T. Tschura, Troy, MI, for defendant.

ORDER

McCUSKEY, District Judge.

On December 1, 1999, Plaintiff K's Merchandise Mart, Inc. filed a complaint against Defendant Kmart Corporation. In that complaint, Plaintiff alleges that it has protectable trademark rights in the slogan "Changing for the Better Every Day," and that Defendant has infringed those rights by using a confusingly similar slogan in its advertising campaign. Based on Defendant's use of the slogan, Plaintiff alleges...

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