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HEALTH CARE AND RETIREMENT CORP. v. HEARTLAND HOME CARE, INC.

No. CIV.A. 03-2663-KHV.

324 F.Supp.2d 1202 (2004)

HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, Plaintiff, v. HEARTLAND HOME CARE, INC., Defendant.

United States District Court, D. Kansas.

July 12, 2004.

Attorney(s) appearing for the Case

Charles H. Dougherty, Jr., Gene A. Tabachnick, Reed, Smith, LLP, Pittsburg, PA, David D. Burkhead, Ted J. McDonald, III, McCormick, Adam & Long, P.A., Overland Park, KS, for Plaintiff.

Phillip L. Turner, Turner & Turner Law firm, Topeka, KS, for Defendant.

MEMORANDUM AND ORDER

VRATIL, District Judge.

Health Care and Retirement Corporation of America filed suit against Heartland Home Care, Inc., for trademark infringement, false designation of origin and trademark dilution under the Lanham Act, 15 U.S.C. § 1051 et seq. This matter is before the Court on defendant's Renewed Motion To Dismiss (Doc. # 13) filed April 8, 2004, which...

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