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COTTMAN TRANSMISSIONS SYS. v. MELODY

April 25, 1994

COTTMAN TRANSMISSIONS SYSTEMS, INC.
v.
DONNA MELODY AND LEE MELODY



The opinion of the court was delivered by: J. CURTIS JOYNER

 JOYNER, J.

 This civil action is again before the Court upon motion of the plaintiff, Cottman Transmission Systems, Inc. to hold the defendants in civil contempt of the temporary restraining order issued by the Court of Common Pleas of Montgomery County, Pennsylvania prior to removal of this action. That restraining order was left in full force and effect until our issuance of a decision on plaintiff's motion for preliminary injunction. For the reasons which follow, the motion is denied.

 "(a) Using the Cottman telephone numbers, in violation of

 Paragraph 19 of the Cottman License Agreement, and are

 ORDERED to immediately terminate said telephone numbers;

 (b) infringing upon the Cottman trademark, in violation of

 the Lanham Act, by using advertisements, signs, business

 cards, and forms that are the same as or confusingly

 similar to Cottman's trademark, and are ORDERED to

 immediately cease the use thereof; and

 (c) using Cottman's proprietary manuals and ...


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