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TYCO HEALTHCARE GROUP LP v. KIMBERLY-CLARK CORP.

Civil Action No. 06-11809-JLT.

463 F.Supp.2d 127 (2006)

TYCO HEALTHCARE GROUP LP and Tyco Healthcare Retail Group, Inc., Plaintiffs, v. KIMBERLY-CLARK CORPORATION, Kimberly-Clark Worldwide, Inc., Kimberly-Clark Global Sales, Inc., Defendants.

United States District Court, D. Massachusetts.

December 6, 2006.

Attorney(s) appearing for the Case

Joseph F. Shea, Rachel J. Sherman, Timothy D. Johnston, Nutter, Mcclennen & Fish, LLP, Boston, MA, for Plaintiffs.

Dale A. Malone, John P. Iwanicki, Banner & Witcoff, Ltd., Boston, MA, Howard S. Michael, Jeffrey A. Handelman, Brinks Hofer Gilson & Lione, Chicago, IL, for Defendants.

MEMORANDUM

TAURO, District Judge.

Background

The following facts are not in dispute. Plaintiff Tyco Healthcare Group LP ("Tyco") holds a registered trademark in the name "FLEXI-WINGS" which it licenses to Proctor & Gamble for use on Always brand maxi pads. The term "FLEXI-WINGS" indicates a feature of the maid pad whereby flexible tabs protrude from the sides of the pad to provide added protection. Plaintiffs intend to license...

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