Eat BBQ LLC et al v. Walters
| Eat BBQ LLC and Daniel M. Liebman |
| Thomas C. Walters |
| Eat BBQ LLC and Daniel M. Liebman |
| Thomas C. Walters |
| 3:2012cv00071 |
| October 18, 2012 |
| US District Court for the Eastern District of Kentucky |
| Frankfort Office |
| Franklin |
| Gregory F. VanTatenhove |
| Trademark |
| 28 U.S.C. ยง 1331 Fed. Question: Trademark |
| Both |
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Filing
52
MEMORANDUM OPINION & ORDER: 1. Plaintiffs' Partial Motion for Summary Judgment [R. 31] is GRANTED as to the claims for trademark infringement and false designation under the Lanham Act, 15 U.S.C. § 1051, et seq., § 1125(a), unfair competition under Kentucky's common-law, and conversion and DENIED as to the claim for Tortious Interference with Prospective Business Relations; 2. Pursuant to the finding of Infringement, Defendant Walters is permanently enjoined and prohibi ted from using the STAXX and STAXX BBQ trademarks in any capacity; 3. Walters' Motion to Join Necessary Parties [R. 45] is DENIED at this time although the Parties are ORDERED to provide supplemental briefing within fourteen (14) days of the issuance of this order on whether Knoll and Koch are necessary and indispensable parties in resolving the remaining claims and counterclaims; and, 4. This matter will remain on the Court's active docket pending resolution of the remaining issues, and thus the dates for the Final Pretrial Conference and the Jury Trial will remain scheduled. Signed by Judge Gregory F. VanTatenhove on 9/18/2014.(AKR)cc: COR
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Filing
19
MEMORANDUM OPINION & ORDER: (1) The Motion for Ex Parte Temporary Restraining Order and Preliminary Injunction for Trademark Infringement 4 is GRANTED in part; (2) PENDING final resolution of this matter, Walters is prohibited from using the ST AXX and STAXX BBQ trademarks in any capacity to advertise or promote his business ventures; and (3) The parties shall have ten days to file briefs to address the necessity and amount, if appropriate, of a bond. Signed by Gregory F. VanTatenhove on 11/16/2012.(CBD)cc: COR
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