Eat BBQ LLC et al v. Walters

Counter_defendant: Eat BBQ LLC and Daniel M. Liebman
Counter_claimant: Thomas C. Walters
Plaintiff: Eat BBQ LLC and Daniel M. Liebman
Defendant: Thomas C. Walters
Case Number: 3:2012cv00071
Filed: October 18, 2012
Court: Kentucky Eastern District Court
Office: Frankfort Office
County: Franklin
Presiding Judge: Gregory F. VanTatenhove
Nature of Suit: Trademark
Cause of Action: 28:1331 Fed. Question: Trademark
Jury Demanded By: Both

Available Case Documents

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Date Filed#Document Text
November 16, 2012 19 Opinion or Order of the Court 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
September 18, 2014 52 Opinion or Order of the Court 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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Counter_defendant: Eat BBQ LLC
Represented By: Steven Brian Loy
Represented By: Christopher L. Thacker
Represented By: James Dean Liebman
Represented By: Susan K. Knoll
Represented By: Paul Christopher Harnice
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Counter_defendant: Daniel M. Liebman
Represented By: Susan K. Knoll
Represented By: Paul Christopher Harnice
Represented By: James Dean Liebman
Represented By: Steven Brian Loy
Represented By: Christopher L. Thacker
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Counter_claimant: Thomas C. Walters
Represented By: Daniel D. Brock, Jr.
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Plaintiff: Eat BBQ LLC
Represented By: Christopher L. Thacker
Represented By: Steven Brian Loy
Represented By: James Dean Liebman
Represented By: Susan K. Knoll
Represented By: Paul Christopher Harnice
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Plaintiff: Daniel M. Liebman
Represented By: Christopher L. Thacker
Represented By: James Dean Liebman
Represented By: Steven Brian Loy
Represented By: Susan K. Knoll
Represented By: Paul Christopher Harnice
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Defendant: Thomas C. Walters
Represented By: Daniel D. Brock, Jr.
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