Cross Commerce Media, Inc. v. Collective, Inc.
| Cross Commerce Media, Inc. |
| Collective, Inc. |
| Collective, Inc. |
| Cross Commerce Media, Inc. |
| 1:2013cv02754 |
| April 25, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Thomas P. Griesa |
| Trademark |
| 28 U.S.C. ยง 2201 Constitutionality of State Statute(s) |
| Defendant |
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Filing
181
OPINION & ORDER re: 168 MOTION in Limine, filed by Cross Commerce Media, Inc., 102 MOTION for Summary Judgment, filed by Cross Commerce Media, Inc., 106 MOTION to Exclude Reports and Testimony of Michael Rap peport , filed by Cross Commerce Media, Inc., 113 MOTION to Exclude Reports and Testimony of James Berger, filed by Cross Commerce Media, Inc. Trademarks are used to distinguish one person's goods from those of anoth er. 15 U.S.C. Sec. 1127.... Accordingly, this Court GRANTS plaintiff's motion for summary judgment.... For the reasons set forth above, plaintiff's motion for summary judgment as to defendant's claim for trademark infringement and i ts claim for declaratory judgment is GRANTED. Accordingly, judgment is entered for plaintiff with respect to its First Cause of Action and with respect to Counts One and Two of defendant's counterclaims. The parties shall file any motions wit h regard to the remaining counts (plaintiff's Second Cause of Action and Count Three of the counterclaims) not later than September 19, 2014. The Court also GRANTS plaintiffs motions to preclude expert testimony by Michael Rappeport and Thomas T. Berger, and DENIES plaintiff's July 11, 2014 motion in limine as moot. The Clerk of Court is directed to close the motions at ECF Nos. 102, 106, 113, 168. SO ORDERED. (Signed by Judge Katherine B. Forrest on 8/21/2014) (ja)
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Filing
55
OPINION & ORDER re: 31 MOTION for Partial Summary Judgment filed by Cross Commerce Media, Inc., 40 MOTION to Continue (Collective, Inc.'s Fed. R. Civ. P. 56(D) Motion to Continue or Defer Cross Commerce Media, Inc.'s Motion for Parti al Summary Judgment) filed by Collective, Inc.: For the reasons set forth above, both CCM's motion for partial summary judgment and Collective's motion pursuant to Rule 56(d) are GRANTED in part and DENIED in part. The Clerk of Court is directed to close the motions at ECF Nos. 31 and 40. (Signed by Judge Katherine B. Forrest on 3/24/2014) (tn)
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