American Diabetes Ass'n v. National Diabetes Ass'n

FINDINGS

McGLYNN, District Judge.

This action for trademark infringement and unfair competition, arising under common law and section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), respectively, is presently before the Court on plaintiffs’ motion for preliminary injunction. The basic question presented is whether defendants’ use of the name National Diabetes Association in solicitations for contributions to its charitable organization violates the Lanham Act and infringes upon a trademark of plaintiffs, 1 American Diabetes Association, Inc. and American Diabetes Association Greater Philadelphia…