Marco's Franchising, LLC et al v. Marco's Coal Fired Pizza, Inc. et al
| Marco's Franchising, LLC and MP Marks, LLC |
| Marco's Coal Fired Pizza, Inc., Marco's Coal Fired Pizza Golden, LLC, Marco's Coal Fired Pizza Casper, LLC, Marco's Vallagio, LLC, Racca's Pizzeria Napoletana, Inc., Mark Dym and Kristy Latorraca-Dym |
| 1:2017cv02550 |
| October 24, 2017 |
| US District Court for the District of Colorado |
| Denver Office |
| XX US, Outside State |
| Marcia S. Krieger |
| Trademark |
| 15 U.S.C. ยง 1114 |
| None |
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Filing
123
OPINION and ORDER by Judge Marcia S. Krieger on 9/23/2019, re: [110/109] Defendants' Motion for Summary Judgment is GRANTED IN PART. Judgment shall enter in favor of the Golden, Colfax, and RPN Defendants on all claims. Judgment shall a lso enter in favor of all Defendants on Claim 5 for dilution. The Defendants are entitled to summary judgment on that portion of their counterclaim that seeks cancellation of the MARCOS word mark and design mark, and those marks are cancelled prior t o 2011 within the State of Colorado.17 The Motion is DENIED in all other respects. There being claims that will now proceed to trial, the parties shall jointly contact chambers within 14 days to schedule the final pretrial conference..(sphil, )
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