Blue Cross & Blue Shield Ass'n v. Group Hospitalization & Medical Services, Inc.

MEMORANDUM OPINION

CACHERIS, District Judge.

Plaintiff Blue Cross and Blue Shield Association (“Association”) filed this action on July 7, 1989 against the defendant Group Hospitalization and Medical Services, Inc. (“D.C. Plan”) seeking a Declaratory Judgment and injunctive relief under the Lan-ham Trade-Mark Act, as amended, 15 U.S.C. § 1114 et seq.

Defendant D.C. Plan has denied plaintiff’s allegations and has raised affirmative defenses of laches, estoppel, selected enforcement and waiver. In addition, in its Answer the D.C. Plan has asserted a counterclaim which alleges tortious interference…