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UNIVERSITY OF ALABAMA v. NEW LIFE ART

No. CV 05-UNAS-PT-585-W.

677 F.Supp.2d 1238 (2009)

UNIVERSITY OF ALABAMA BOARD OF TRUSTEES, Plaintiff, v. NEW LIFE ART INC., et al., Defendants.

United States District Court, N.D. Alabama, Western Division.

November 19, 2009.

Attorney(s) appearing for the Case

Jerre B. Swann, R. Charles Henn, Jr., Kilpatrick Stockton LLP, Atlanta, GA, Walter W, Bates, Jay M. Ezelle, Tabor Robert Novak, III, Starnes & Atchison LLP, Birmingham, AL, for Plaintiff/Counter Defendant.

Stephen D. Heninger, Gayle L. Douglas, Heninger Garrison Davis LLC, Thomas C. Phelps, III, Bradford & Sears PC, Birmingham, AL, for Defendants.

ADDENDUM TO MEMORANDUM OPINION

ROBERT B. PROPST, Senior District Judge.

In its Memorandum Opinion filed on November 2, 2009, this court allowed the parties to make further suggestions after reviewing that opinion. Each party has done so. The court will expand on its discussion.1

Colors As Distinctive

The plaintiff has asserted in its Response filed on November 6, 2009 that the court has "concluded that...

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