ALLISON TRANSMISSION, INC. v. FLEETPRIDE, INC.

Justia Dockets & Filings Seventh Circuit Indiana Southern District ALLISON TRANSMISSION, INC. v. FLEETPRIDE, INC.

ALLISON TRANSMISSION, INC. v. FLEETPRIDE, INC.

Plaintiff:	ALLISON TRANSMISSION, INC.
Defendant:	FLEETPRIDE, INC.
Case Number:	1:2016cv02455
Filed:	September 14, 2016
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Mark J. Dinsmore
Presiding Judge:	Larry J. McKinney
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
July 14, 2017	Filing 68 ORDER ON MOTION TO DISMISS COUNTERCLAIMS - The Court GRANTS in part and DENIES in part Plaintiff Allison Transmission, Inc.' 52 Motion to Dismiss Fleetpride's Counterclaims. Counterclaims I and II are hereby DISMISSED. The Court also S TRIKES Fleetpride's affirmative defenses, Dkt. No. 47 , 74-76, regarding invalidity of the TES 296 mark under 15 U.S.C. § 1064, sua sponte. Furthermore, Fleetpride's 49 Motion for Bifurcated or Phase Discovery is DENIED as moot. (See Order.) Signed by Judge Larry J. McKinney on 7/14/2017. (GSO)
April 5, 2017	Filing 41 ORDER - For the foregoing reasons, the Court DENIES Fleetpride's Motion to Dismiss but GRANTS Fleetpride's Alternative Motion for a More Definite Statement. Dkt. No. 21 . Allison must file an Amended Complaint more clearly defining the t rademarks it alleges Fleetpride upon infringed within seven days from the date of this Order. Fleetpride's Motion to Strike, Dkt. No. 23 , is GRANTED in part and DENIED in part. Furthermore, Allison's Motion for Leave to File a Sur-Reply, Dkt. No. 38 , is GRANTED. (SEE ORDER) Signed by Judge Larry J. McKinney on 4/5/2017. (JKS)

Date Filed

Document Text

July 14, 2017

Filing 68 ORDER ON MOTION TO DISMISS COUNTERCLAIMS - The Court GRANTS in part and DENIES in part Plaintiff Allison Transmission, Inc.' 52 Motion to Dismiss Fleetpride's Counterclaims. Counterclaims I and II are hereby DISMISSED. The Court also S TRIKES Fleetpride's affirmative defenses, Dkt. No. 47 , 74-76, regarding invalidity of the TES 296 mark under 15 U.S.C. § 1064, sua sponte. Furthermore, Fleetpride's 49 Motion for Bifurcated or Phase Discovery is DENIED as moot. (See Order.) Signed by Judge Larry J. McKinney on 7/14/2017. (GSO)

April 5, 2017

Filing 41 ORDER - For the foregoing reasons, the Court DENIES Fleetpride's Motion to Dismiss but GRANTS Fleetpride's Alternative Motion for a More Definite Statement. Dkt. No. 21 . Allison must file an Amended Complaint more clearly defining the t rademarks it alleges Fleetpride upon infringed within seven days from the date of this Order. Fleetpride's Motion to Strike, Dkt. No. 23 , is GRANTED in part and DENIED in part. Furthermore, Allison's Motion for Leave to File a Sur-Reply, Dkt. No. 38 , is GRANTED. (SEE ORDER) Signed by Judge Larry J. McKinney on 4/5/2017. (JKS)

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Plaintiff: ALLISON TRANSMISSION, INC.
Represented By:	Caitlin R. Brandon
Represented By:	Deborah Pollack-Milgate
Represented By:	David A. W. Wong
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Defendant: FLEETPRIDE, INC.
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