Birmingham et al v. Mizuno USA, Inc. et al
| Peter Birmingham and Birmingham Softhands Infield Trainer Co., Inc. |
| Mizuno USA, Inc. and Mizuno Corporation |
| 5:2009cv00566 |
| May 13, 2009 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Onondaga |
| George H. Lowe |
| Glenn T. Suddaby |
| Plaintiff |
| 15 U.S.C. ยง 1121 Trademark Infringement |
| Plaintiff |
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Filing
57
MEMORANDUM-DECISION AND ORDER: GRANTING in part and DENYING in part the # 22 and # 23 Motions for Summary Judgment. It is ORDERED that a permanent injunction be issued against Defendant; and Plaintiffs request for monetary damages, attorneys fees and costs under the Lanham Act is DENIED. It is further ORDERED that counsel are to appear, with settlement authority, on 5/5/2011 at 2:00 PM in chambers for a pretrial conference. Plaintiff is to forward a written settlement demand to Defendants no later than 4/14/2011, and the parties are to engage in meaningful settlement negotiations prior to the 5/5/11 conference. If the case does not settle trial will be scheduled at that time. Signed by Judge Glenn T. Suddaby on 3/31/2011. (mae)
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