NORWOOD PROMOTIONAL PRODUCTS, LLC v. KUSTOMKOOZIES, LLC et al
| 1:2009cv01378 |
| November 3, 2009 |
| US District Court for the Southern District of Indiana |
| Trademark Office |
| Jane Magnus-Stinson |
| Larry J. McKinney |
| Plaintiff |
| Federal Question |
| 15:1051 Trademark Infringement |
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Filing
225
ENTRY on Cross Motions for Summary Judgment - For the reasons explicated in this entry, Norwood's Motion For Partial Summary Judgment, dkt. 147 , is GRANTED IN PART as to Counts I and II of its Second Amended Complaint. Norwood's motion i s DENIED in all other respects. Kustom's Cross Motion For Summary Judgment, dkt. 162 , is GRANTED IN PART with respect to Count III of Norwood's complaint, insofar as the Court finds that Norwood failed to provide Kustom with notice of br each and an opportunity to cure prior to terminating the license agreement and therefore the mere use of the claimed mark after the failed attempt to terminate the license agreement does not constitute trademark infringement. Kustom's motion is DENIED in all other respects. There remain pending several motions addressing expert reports or expert testimony at trial. Because counsel did not have the benefit of this ruling when the motions were filed, the parties are given ten (10) days in which to show cause why those motions should not be denied as moot, or to identify which part of any motion remains an issue to be decided prior to trial.(SEE ENTRY). Signed by Judge Jane Magnus-Stinson on 12/21/2011. (JKS)
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Filing
125
ORDER denying 80 Motion to Seal Document ; granting 83 Motion for Leave to File Second Amended Complaint. Signed by Magistrate Judge William G. Hussmann, Jr., on 4/4/2011. (NRN)
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Filing
122
ORDER granting in part and denying in part 68 Motion to Compel. Signed by Magistrate Judge William G. Hussmann, Jr., on 3/18/2011. (NRN)
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