Accutest Corp. v. Accu Test Systems, Inc.

MEMORANDUM AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

GARRITY, District Judge.

Plaintiff, Accutest Corporation, a Massachusetts corporation, brings this suit against defendant Accu Test Systems, Inc., for alleged trademark infringement, unfair competition, false designation of origin, and dilution. In essence, plaintiff claims injury from defendant’s use of the name Accu Test (Accutest) in defendant’s efforts to raise capital through a public offering of its common stock. Plaintiff claims that it has used Accutest as its name and trademark for some years prior to defendant’s use, that…