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RAINY DAY BOOKS v. RAINY DAY BOOKS & CAFE

No. 01-2083-DJW.

186 F.Supp.2d 1158 (2002)

RAINY DAY BOOKS, INC., Plaintiff, v. RAINY DAY BOOKS & CAFÉ, L.L.C., Defendant.

United States District Court, D. Kansas.

February 5, 2002.

Attorney(s) appearing for the Case

Geoffrey B. Jennings, Gresham, OR, for plaintiff.

Jeffrey J. Simon, Kyle L. Elliott, Blackwell Sanders Peper Martin LLP, Kansas City, MO, Michael G. Rust, Groswold & Lee, P.A., Waston, MD, for defendant.

MEMORANDUM AND ORDER

WAXSE, United States Magistrate Judge.

Plaintiff filed this action seeking damages and injunctive relief for alleged service mark infringement under the Lanham Act, 15 U.S.C. § 1051, et seq. Plaintiff also alleges state statutory and common law claims for trademark infringement and unfair competition. This matter is presently before the Court on Defendant's Motion to Dismiss Plaintiff's Petition (doc. 3). For the reasons...

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