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MCKERNAN v. BUREK

No. CIV. A. 99-12240-MEL.

118 F.Supp.2d 119 (2000)

John L. McKERNAN, d/b/a JMcK Creations, Plaintiff, v. James BUREK, d/b/a Meds Maps, and Sandwich Ship Supply, Inc., Defendants.

United States District Court, D. Massachusetts.

October 19, 2000.

Attorney(s) appearing for the Case

Thomas A. Kahrl, Falmouth, MA, for John McKernan.

Peter G. Hermes, Heather M. Houle, Hermes, Netburn, O'Connor & Spearing, P.C., Boston, MA, for James Burek.

Peter G. Hermes, Hermes, Netburn, O'Connor & Spearing, Boston, MA, Harvey R. Peters, Peters & Moscardelli, Boston, MA, for Sandwich Ship Supply, Inc.

MEMORANDUM AND ORDER

LASKER, District Judge.

McKernan, Burek and Sandwich Ship Supply sell popular novelty stickers which purport to be permits for an imaginary Cape Cod Canal Tunnel. McKernan alleges that Burek and Sandwich Ship Supply (the "defendants") copied his Tunnel Permit and sell it as their own. McKernan asserts that the defendants' actions violate: § 43(a) of the Lanham Act (15 U.S.C. § 1125(a)) (counts one and two); M.G.L. ch...

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