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INFORMATION SUPERHIGHWAY, INC. v. TALK AMERICA, INC.

No. 03 Civ.1995 (RWS).

274 F.Supp.2d 466 (2003)

INFORMATION SUPERHIGHWAY, INC., Plaintiff, v. TALK AMERICA, INC. and America Online, Inc., Defendants.

United States District Court, S.D. New York.

July 30, 2003.

Attorney(s) appearing for the Case

Daniel A. Eigerman, New York, NY, for Plaintiff.

Feder, Kaszovitz, Isaacson, Weber, Skala, Bass & Rhine, New York, NY (Larry B. Miller, of counsel), for Defendants.

OPINION

SWEET, District Judge.

Defendants Talk America, Inc. ("Talk America") and America Online, Inc. ("AOL") have moved pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the complaint of plaintiff Information Superhighway, Inc. ("ISI"), which alleges violations of the Lanham Act, 15 U.S.C. § 1125(a), New York General Business Law § 360-1, and common law unfair competition.

For the following reasons, the...

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