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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46116 Judge Cote RELATED ACTIONS arose from the claim of First National Bank of Omaha (FNBO) that its SMART ONE mark is infringed by the ONESMART mark used by plaintiff MasterCard International Inc. in connection with plaintiff’s smart card services. FNBO moved for partial summary judgment on its claim to enjoin plaintiff from using the term ONESMART, alleging that ONESMART infringes FNBO’s SMART ONE mark. The court denied the motion, finding that FNBO has not shown that it is entitled to a rebuttable presumption that the SMART ONE mark is valid and protectible, adding that FNBO’s SMART ONE mark is not yet registered with the U.S. Patent and Trademark Office. The court disagreed with FNBO’s argument that plaintiff’s attempt to register ONESMART without disclaiming the terms “one” or “smart” permits summary judgment on the validity and protectibility of the SMART ONE mark.

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