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  5. 155 F.Supp.2d 326 (2001)
 

PRS MATERIALS v. GREEN ACRES NURSERY & GARDEN CEN.

No. CIV. A.2000-2377.

155 F.Supp.2d 326 (2001)

PRS MATERIALS, INC., Plaintiff, v. GREEN ACRES NURSERY & GARDEN CENTER, INC., Defendant.

United States District Court, E.D. Pennsylvania.

May 9, 2001.

Attorney(s) appearing for the Case

Joseph W. Gibley, W. Kelly Mc Williams, Gibley & McWilliams PC, Media PA, for Plaintifff.

Frank R. Emmerich, Jr., Conrad, O'Brien, Gellman & Rohn, PC, Philadelphia, PA, George J. Ozorowski, Joseph J. Kalkbrenner, Jr., Hughes, Kalkbrenner & Adshead, LLP, Pylmouth Meeting, PA, for Defendant.

MEMORANDUM

GILES, Chief Judge.

Introduction

PRS Materials, Inc. ("PRS"), maker of Earthmate compost, brought this action alleging that Green Acres Nursery & Garden Center, Inc. ("Green Acres") sold a compost under the names Earthmate or Earthlife when the compost in question was actually a brand called Mascaro. PRS alleges 1) false designation of origin in violation of 15 U.S.C. § 1125(a); 2) infringement of a federally registered...

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