The case of Lancers Manufacturer's Supply Co., Inc. et al. v. Allegheny Sealants & Coatings, Inc. et al., was filed on May 19, 1998, in the Western District of Pennyslvania and has to do with false advertising on www.bigyellow.com. The named defendants are Allegheny Sealants, Bell Atlantic Electronic Commerce Services, Inc., and Bell Atlantic Yellow Pages Company.
Defendant Allegheny Sealants was listed first in the search results when searching for Waterproofing Contractors in Pennsylvania on Big Yellow. The search results referred the searcher to the advertisement which is the subject of this lawsuit.
On May 27, 1998, the plaintiffs and the Bell Atlantic defendants agreed to the terms of a Consent Order granting a preliminary injunction. Prior to entry of this Order by the Court on June 2, 1998, the advertisement was modified in accordance with the terms of this Consent Order. Click here to view the modified advertisement.
On June 12, 1998, the plaintiffs and defendant Allegheny Sealants agreed to the terms of a Consent Order granting a preliminary injunction. This Consent Order has been submitted to the Court, but has not yet been entered.
You can see the Complaint. in the Allegheny Sealants case. You can also see the following documents which have been filed:
Here is the Pacer record for the action:
PACER session date: Saturday June 13, 1998 02:51:23 PM EDT
Case docket was last updated on: 06/12/98.
Docket as of June 9, 1998 7:40 pm
Proceedings include all events.
2:98cv875 LANCERS MANUFACTURER, et al v. ALLEGHENY SEALANTS, et al
U.S. District Court
Western District of Pennsylvania (Pittsburgh)
CIVIL DOCKET FOR CASE #: 98-CV-875
LANCERS MANUFACTURER, et al v. ALLEGHENY SEALANTS, et al Filed: 05/19/98
Assigned to: Judge Donald J. Lee Jury demand: Both
Demand: $0,000 Nature of Suit: 840
Lead Docket: None Jurisdiction: Federal Question
Dkt# in other court: None
Cause: 15:1125 Trademark Infringement (Lanham Act)
LANCERS MANUFACTURER'S SUPPLY Joseph J. Schwerha, IV
CO., INC. [COR LD NTC]
plaintiff Houston Harbaugh
Two Chatham Center
12th Floor
Pittsburgh, PA 15219
(412) 281-5060
Stanley D. Ference
[COR LD NTC]
Ference & Associates
129 Oakhurst Road
Pittsburgh, PA 15215
(412) 781-7386
INNER BOND PRODUCTS, INC. Joseph J. Schwerha, IV
plaintiff (See above)
[COR LD NTC]
Stanley D. Ference
(See above)
[COR LD NTC]
v.
ALLEGHENY SEALANTS & COATING,
INC.
defendant
BELL ATLANTIC ELECTRONIC Ralph A. Davies
COMMERCE SERVICES, INC. [COR LD NTC]
defendant William David Geiger
[COR LD NTC]
Davies, McFarland & Carroll
One Gateway Center
Tenth Floor
Pittsburgh, PA 15222
(412) 281-0737
BELL ATLANTIC YELLOW PAGES Ralph A. Davies
COMPANY (See above)
defendant [COR LD NTC]
William David Geiger
(See above)
[COR LD NTC]
5/19/98 1 COMPLAINT with summons issued; jury demand Filing Fee
$150.00 Receipt #6452 (plh)
5/19/98 2 MOTION by LANCERS MANUFACTURER, INNER BOND PRODUCTS for
Temporary Restraining Order, and for Preliminary
Injunction with Proposed Order. (plh)
5/19/98 3 BRIEF by LANCERS MANUFACTURER, INNER BOND PRODUCTS in
support of [2-1] motion for Temporary Restraining Order by
INNER BOND PRODUCTS, LANCERS MANUFACTURER, [2-2] motion for
Preliminary Injunction by INNER BOND PRODUCTS, LANCERS
MANUFACTURER (plh)
5/19/98 -- NOTICE with copy of complaint and docket entries to the the
Commissioner of Patent and Trademarks (plh)
5/19/98 4 Hearing on Motion held re: [2-1] motion for Temporary
Restraining Order by INNER BOND PRODUCTS, LANCERS
MANUFACTURER [Reporter: William Weber] (plh)
5/19/98 -- Minute entry:, Motion Hearing set for 1:30 6/5/98 for
[2-2] motion for Preliminary Injunction (plh)
5/19/98 5 ORDER, set Pretrial Order Deadlines: Pretrial Stipulation
due 5/29/98 ; Pla Prop Find of Fact and Concl of Law due
5/22/98; Dft Prop Find of Fact and Concl of Law due 5/29/98;
Exhibits for Plaintiffs due 5/29/98 Exhibits for
Defendants due 5/29/98, Motion Hearing set for 1:30
6/5/98 for [2-2] motion for Preliminary Injunction, set
Brief deadline to 5/29/98. (signed by Judge Donald J. Lee
on 5/19/98) CM all parties of record. (plh)
5/22/98 6 Proposed Findings of Fact and Conclusions of Law by
LANCERS MANUFACTURER, INNER BOND PRODUCTS (aen)
5/26/98 7 NOTICE of Attorney Appearance for BELL ATLANTIC ELECT, BELL
ATLANTIC YELLOW by William David Geiger, Ralph A. Davies
(cw)
5/26/98 -- DEMAND for jury trial by BELL ATLANTIC ELECT, BELL ATLANTIC
YELLOW (with doc. 7) (cw)
5/29/98 8 Proposed Findings of Fact and Conclusions of Law by BELL
ATLANTIC ELECT, BELL ATLANTIC YELLOW (plh)
[Entry date 06/01/98]
6/2/98 9 CONSENT ORDER granting [2-2] motion for Preliminary
Injunction as to The Bell Atlantic Defts. (signed by Judge
Donald J. Lee on 6/1/98) CM all parties of record. (plh)
6/3/98 10 RETURN OF SERVICE executed as to ALLEGHENY SEALANTS 6/1/98
Answer due on 6/21/98 for ALLEGHENY SEALANTS (plh)
6/3/98 11 MOTION by LANCERS MANUFACTURER, INNER BOND PRODUCTS to
continue Hearing on Preliminary Injunction, and for
Expedited Discovery with Proposed Order. (plh)
6/3/98 12 ORDER granting [11-1] motion to continue Hearing on
Preliminary Injunction, Motion Hearing set for 10:00
6/15/98 for [11-2] motion for Expedited Discovery; answer
to any interrogatories are to be served by deft on or
before 6/10/98; any noticed deposition of defts shall
commence on or before 6/8/98. (signed by Judge Donald J.
Lee on 6/3/98) CM all parties of record. (plh)
6/9/98 13 ANSWER and DEFENSE to Complaint by BELL ATLANTIC ELECT,
BELL ATLANTIC YELLOW (plh)
[END OF DOCKET: 2:98cv875]
There can be no assurance that the Pacer report posted in this web page is up to date. Keep in mind that if you want current Pacer information on this case, you should do your own Pacer search. The modem number for the Pacer computer for this Court is 1-800-770-4745; you need a Pacer user ID and password to do Pacer searches.
Return to the main Ference & Associates page.
Last revised June 13, 1998.
This page is http://www.ferencelaw.com/as