Marketquest Group, Inc. v. Societe Bic, S.A. et al
| Marketquest Group, Inc. |
| Bic Corporation, Bic USA, Inc., Norwood Promotional Products, LLC and DOES |
| Norwood Promotional Products, LLC, Bic Corporation and Bic USA, Inc. |
| Norwood Promotional Products, LLC, Bic Corporation and Bic USA, Inc. |
| 3:2011cv00618 |
| March 28, 2011 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Janis L. Sammartino |
| William McCurine |
| Trademark |
| 15 U.S.C. ยง 1114 Trademark Infringement (Lanham Act) |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
405
ORDER granting in part and denying in part Plaintiff Marketquest's 205 Motion for Partial Summary Judgment; granting in part and denying in part Defendant Norwood's 214 Motion for Summary Judgment; granting in part and denying in par t Defendant BIC USA's 215 Motion for Summary Judgment; denying Defendant BIC Corp.'s 216 Motion for Summary Judgment. Defendants' counterclaims for fraud and abandonment are dismissed with prejudice. Defendants' affirmative defenses of abandonment, acquiescence, estoppel, fraud, laches, nominative fair use, statute of limitations, trade mark misuse, unclean hands, and waiver are stricken from the Answer. Defendants are barred from raising these affirmative defenses at t rial. Defendants are barred from raising at trial Affirmative Defense 11 (general invalidity) as to the '967, '417, and '089 registrations as to goods classes. Based on Court's likelihood of confusion analysis as to THE WRITE CHO ICE mark, Defendants are permitted to raise the classic fair use defense (Affirmative Defense 19) at trial as to their alleged infringement of that mark. The parties are ordered to appear in person before Magistrate Judge Burkhardt to set the remaining deadlines in this case. Signed by Judge Cynthia Bashant on 6/12/2018. (jah)
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Filing
404
ORDER denying Defendant BIC Corporation's 219 Daubert Motion to Exclude Opinions of Non-Retained Experts. Signed by Judge Cynthia Bashant on 4/12/2018. (jah)
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Filing
360
ORDER denying Defendant's 331 Motion for Attorney Fees and 335 Motion for Attorney Fees. Signed by Judge Cynthia Bashant on 7/2/2015. (jah)
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Filing
327
ORDER granting Defendants' Norwood and Bic USA, Inc's 214 Motion for Summary Judgment and 215 Motion for Summary Judgment; denying Defendant Bic Corporation's 216 Motion for Summary Judgment on the Counterclaims; denying Defen dants' 289 Motion for Sanctions. Terminating as moot 199 Motion to Exclude, 205 Motion for Partial Summary Judgment, 217 Motion to Exclude, 218 Motion to Exclude, and 219 Motion to Exclude. Court dismisses Pla's 14 First Amended Complaint. Court dismisses Dfts' counterclaims. Court declines to issue an order to show cause why Dfts should not be sanctioned (as urged by Pla's Opposition to the motion 315 ). Signed by Judge Cynthia Bashant on 4/17/2015. (jah)
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Filing
176
ORDER Denying 151 Motion for Reconsideration. The parties shall meet and confer and provide the Court, on or before August 1, 2014, with a mutually agreeable location for the deposition to go forward. Signed by Magistrate Judge Jill L. Burkhardt on 7/25/2014. (knb)
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Filing
175
ORDER denying Plaintiff's 157 Motion for Sanctions for Failure to Obey Discovery Orders. Court instructs the parties to promptly meet and confer regarding methods available for obtaining U.S. only sales figures and to ultimately select a mutually agreeable option. Signed by Magistrate Judge Jill L. Burkhardt on 6/24/2014. (jah)
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Filing
41
ORDER: (1) denying 27 Plaintiff's Motion for Preliminary Injunction; (2) denying 40 Defendants' Motion to Strike. Signed by Judge Janis L. Sammartino on 11/7/11. (lmt)
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