MDT Corp. v. New York Stock Exchange, Inc.
Opinion
Opinion
Pfaelzer, J.
AMENDED STATEMENT OF UNCON-TROVERTED FACTS AND CONCLUSIONS OF LAW
Plaintiff MDT Corporation’s (“MDT Corp.”) Motion for Summary Judgment Enjoining Defendant’s Further Use of MDT as a Trading Symbol for Medtronic Inc., Plaintiff MDT Corp’s Motion for Summary Judgment, Dismissal of Intervenor’s Complaint, Defendant New York Stock Exchange, Inc.’s (“NYSE”) Motion for Summary Judgment and Intervenor Medtronic Inc.’s (“Medtronic”) Motion for Summary Judgment came on for hearing on March 24,1994. After considering the papers filed by the parties and the arguments of counsel, the Court determines that the following uncontroverted facts and conclusions of law have been established.
UNCONTROVERTED FACTS
1. Trading symbols are used within the securities business to identify a specific publicly traded security; in particular trading symbols play an important role in the teehni cal execution of trading transactions on the floor of the NYSE.
2. Medtronic was founded in 1949. It manufactures and sells a variety of medical products, including cardiac pacemakers, artificial heart valves, cardiopulmonary products and interventional vascular products.
3. Since the early 1960s, Medtronic’s…