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SKIPPY, INC. v. LIPTON INVESTMENTS, INC.

No. CIV.A. 02-1227-A.

345 F.Supp.2d 585 (2002)

SKIPPY, INC., Plaintiff, v. LIPTON INVESTMENTS, INC., Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

December 20, 2002.

Attorney(s) appearing for the Case

Mary Helen Sears, The M.H. Sears Law Firm Chtd, Washington, DC, for Plaintiff.

William Mack Webner, Sughrue, Mion, Zinn, Maepeak & Seas, LLC, Washington, DC, for Defendant.

MEMORANDUM OPINION

CACHERIS, District Judge.

This case is before the Court on Defendant's Motion to Dismiss for failure to state a claim upon which relief can be granted, pursuant to Federal Rule of Civil Procedure 12(b)(6).

I. Background

This case involves a Trademark Cancellation petition initiated by Plaintiff, Skippy, Inc. ("Plaintiff or "SI"), seeking cancellation of Trademark Registration No. 504,940, which is currently held...

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