Birmingham et al v. Mizuno USA, Inc. et al
||Peter Birmingham and Birmingham Softhands Infield Trainer Co., Inc.
||Mizuno USA, Inc. and Mizuno Corporation
||May 13, 2009
||New York Northern District Court
||George H. Lowe
||Glenn T. Suddaby
|Nature of Suit:
|Cause of Action:
||15:1121 Trademark Infringement
|Jury Demanded By:
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|Date Filed||#||Document Text|
|March 31, 2011
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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