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KENNEDY INDUSTRIES, INC. v. APARO

No. Civ.A. 04-5967.

416 F.Supp.2d 311 (2005)

KENNEDY INDUSTRIES, INC. v. Brian APARO, et al.

United States District Court, E.D. Pennsylvania.

July 22, 2005.

Attorney(s) appearing for the Case

Robert A. Klein, Berkowitz Klein LLP, Malvern, PA, for Plaintiff.

Gary M. Marek, Law Offices of Gary M. Marek, Mount Laurel, NJ, Kristie Hatcher-Bolin, Mark N. Miller, Gray Robinson, Lakeland, FL, Sara A. Begley, Wayne C. Stansfield, Reed Smith LLP, Philadelphia, PA, for Defendants.

Michael J. Hurvitz, Rawle & Henderson LLP, Philadelphia, PA, for Counter Claimants.

MEMORANDUM

BARTLE, District Judge.

Plaintiff Kennedy Industries, Inc., a seller of hygienic products including a skin protection and a skin cream for wrestlers, sued the defendants Driving Force, Inc. ("Driving Force") and its president Brian Aparo, as well as, several of Driving Force's distributors1 for unfair competition, specifically, false advertising, under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).

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