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Damage or Injury Based on Grounds Other Than Likeli
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advertising alleged Appellate Court applicant's application attorneys basis Board CCPA cert denied chapter citing claim commercial concluded consumer Corp Court of Appeals CUISINART damages dant's decision defendant defendant's descriptive dilution discussed at infra discussed at supra discussed in 71 discussed supra District Court doctrine evidence F Supp fact false federal fees FRCP function Ibid Illinois infra fn injunctive relief inter alia involved issue Lanham Act Lanham Act Section likelihood of confusion ment Northern District opinion opposer's Otto Roth parties patent plaintiff Playmen preliminary injunction prior proceeding protection quoting regard registered mark registration rule SDNY Sears-Compco secondary meaning Section 2(d Section 35 Section 43(a service mark similar sion statute statutory summary judgment supra at text supra fn term text accompanying fn tiff tion trade dress trade name Trademark Attorney trademark infringement trial TTAB unfair competition USPQ