Critter Control, Inc. v. Young

Counter_plaintiff: Cary Young
Defendant: Cary Young
Plaintiff: Critter Control, Inc.
Counter_defendant: Critter Control, Inc.
Case Number: 3:2013cv00695
Filed: July 16, 2013
Court: Tennessee Middle District Court
Office: Nashville Office
County: Davidson
Referring Judge: Juliet E. Griffin
Presiding Judge: Aleta A. Trauger
Nature of Suit: Trademark
Cause of Action: 15:1121 Trademark Infringement
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
September 8, 2014 109 Opinion or Order of the Court REPORT AND RECOMMENDATION: Accordingly, the Court respectfully RECOMMENDS that: 1) the Plaintiff's motion to dismiss the Defendant's counter-claims (Docket Entry No. 32) be DENIED as MOOT; 2) the Plaintiff's motion for summary judgm ent (Docket Entry No. 90) be GRANTED on the issue of the Defendant's liability on the Plaintiffs Lanham Act and Michigan common law claims and GRANTED as to the dismissal of the Defendant's counter-claims in all respects; 3) the Defendan t's motion for summary judgment (Docket Entry No. 85) be DENIED in all respects; and 4) the Defendant's motion for a preliminary injunction (Docket Entry No. 46) be DENIED. If this Report and Recommendation is adopted, further proceeding s will be necessary to address the scope of what injunctive relief is warranted and what damages, if any, are warranted in this action. Signed by Magistrate Judge Juliet E. Griffin on 9/8/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
September 30, 2014 114 Opinion or Order of the Court MEMORANDUM AND ORDER: The Magistrate Judge's R&R (Docket No. 109 ) is ADOPTED IN PART and VACATED IN PART. The plaintiffs' Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART WITHOUT PREJUDICE (Docket No. 90 ). The court hereby GRANTS summary judgment to the plaintiff as to liability with respect to the plaintiff's Lanham Act claim only. The court hereby DENIES WITHOUT PREJUDICE the plaintiff's request for summary judgment on its Michigan unfair competitio n claim. If the plaintiff believes that the claims are viable under Michigan law, the plaintiff may seek to renew its motion for judgment on the unfair competition claim in accordance with deadlines to be set by the Magistrate Judge. The defendant 's Motion for Summary Judgment (Docket No. 85 ) and Motion for Preliminary Injunction (Docket No. 46 ) are DENIED. The plaintiff's Motion to Dismiss the defendant's counter-claims (Docket No. 32 ) is hereby DENIED AS MOOT. This case is currently set for trial on October 28, 2014, although it does not appear that any triable issues of liability remain. As soon as practicable, the Magistrate Judge shall hold a status conference with the parties. Signed by District Judge Aleta A. Trauger on 9/30/2014. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

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Counter_plaintiff: Cary Young
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Defendant: Cary Young
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Plaintiff: Critter Control, Inc.
Represented By: Stephen J. Zralek
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Counter_defendant: Critter Control, Inc.
Represented By: Stephen J. Zralek
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