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HEALTH CARE AND RETIREMENT v. HEARTLAND HOME CARE

Nos. Civ.A.03-2663-KHV, Civ.A.04-4126-KHV.

396 F.Supp.2d 1262 (2005)

HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, Plaintiff, v. HEARTLAND HOME CARE, INC., Defendant. Heartland Home Care, Inc., Plaintiff, v. Heartland Home Care, Inc. a/k/a HCR-ManorCare, Defendant.

United States District Court, D. Kansas.

November 2, 2005.

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 & McDonald, Overland Park, KS, for Plaintiff.

Phillip L. Turner, Turner Law Offices, Topeka, KS, for Defendant.

MEMORANDUM AND ORDER

VRATIL, District Judge.

Health Care and Retirement Corporation of America ("HCRA") filed suit in this Court against Heartland Home Care, Inc. ("HHC"), for trademark infringement, false designation of origin and trademark dilution under the Lanham Act, 15 U.S.C. § 1051 et seq. In the District Court of Shawnee County, Kansas, HHC filed suit against HCR-ManorCare, an affiliate...

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