Southern Snow Manufacturing Co., Inc. v. SnoWizard Holdings, Inc. et al
| 2:2006cv09170 |
| October 27, 2006 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Sally Shushan |
| Jay C. Zainey |
| Trademark |
| 15 U.S.C. ยง 1121 Trademark Infringement |
| None |
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The following documents for this case are available for you to view or download:
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Filing
745
ORDER denying 741 Motion for Attorney Fees. Signed by Judge Nannette Jolivette Brown. (Reference: as listed)(jrc)
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Filing
732
ORDER AND REASONS granting 672 Motion for Permanent Injunction as set forth in document. Signed by Judge Nannette Jolivette Brown on 4/24/2014. (Reference: All Cases)(my)
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Filing
711
ORDER & REASONS re Plaintiffs and Counter-Defendants Parasol Flavors, LLC, Southern Snow Manufacturing Co., Inc., Simeon, Inc., Snow Ingredients, Inc., Banister & Co., Inc., and Milton Wendling's (collectively, "Plaintiffs") 677 Rene wed Motion for Judgment as a Matter of Law under Rule 50, and Motion for a New Trial or to Alter or Amend Judgment under Rule 59: for the reasons stated, IT IS HEREBY ORDERED that Plaintiffs' 677 Renewed Rule-50 Motion for JMOL and Rule-59 Motion for New Trial or to Alter or Amend Judgment is DENIED. Signed by Judge Nannette Jolivette Brown on 8/5/2013. (Reference: All cases)(rll, )
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Filing
709
ORDER granting in part and denying in part 676 Motion to Alter Judgment/for Judgment as a Matter of Law. Signed by Judge Nannette Jolivette Brown. (Reference: 06-9170, 09-3394, 10-791, 11-1499)(jrc, )
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Filing
649
ORDER & REASONS: Considering the disputed issues of law presented to the Court by the parties in the pretrial order (Rec. Doc. 636) and accompanying memoranda of law (Rec. Docs. 617, 619), the Court makes the following conclusions as to the contested issues of law presented: IT IS HEREBY ORDERED that the attempted and pending registrations of PRALINE, BUTTERED POPCORN, GEORGIA PEACH, and MUDSLIDE and incomplete registration of KING CAKE due to Plas' intervention are not the basis for viable claims under Sec. 1120, and all such claims are DISMISSED in consolidated Civil Action No. 06-9170 c/w 09-3394, 10-0791, and 11-1499; IT IS FURTHER ORDERED that Plas may pursue their claims of antitrust violations based on the attempted enforcement of patents and trademark registrations allegedly obtained by fraud. Signed by Judge Nannette Jolivette Brown on 2/18/2013.(Reference: All cases)(rll, ) Modified on 2/19/2013 to edit doc type (rll, ).
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Filing
622
ORDER & REASONS re Hanover Insurance Company's 581 Motion for Summary Judgment: for the reasons stated, IT IS HEREBY ORDERED that Hanover's Motion for Summary Judgment is GRANTED insofar as it seeks reconsideration of Judge Zainey's prior orders finding that Hanover has a continuing duty to defend SnoWizard in this case, which was implicit in Louisiana law; and the Court finds that, as a matter of law, the duty to defend terminated upon the Court's determination that the un disputed facts excluded coverage. Nevertheless, such a conclusion is not dispositive of the issue here, because the parties entered into a settlement agreement and Reservation of Rights letters were issued; IT IS FURTHER ORDERED that Hanover's M otion for Summary Judgment is DENIED insofar as it requires an interpretation of defense obligations imposed by the Settlement Agreement and Reservation of Rights letters; IT IS FURTHER ORDERED that the parties brief the issue of whether the parties intended the Settlement Agreement and Reservation of Rights letters to require Hanover to continue itsdefense of SnoWizard if a determination that coverage is excluded was made prior to trial. Signed by Judge Nannette Jolivette Brown on 1/31/2013. (Reference: 06-9170, 09-3394 and 10-0791)(rll, )
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Filing
621
ORDER AND REASONS granting 580 Motion for Summary Judgment as to plaintiffs Southern Snow, Simeon, Snow Ingredients, Eisenmann, Parasol, Raggs, and Special T; however the motion is DENIED as to plaintiffs Plum Street and Vans. FURTHER ORDERED tha t Defendants motion for summary judgment on Plaintiffs claims for damages for alleged fraudulent procurement of trademark registrations under 15 U.S.C. § 1120, La. Rev. Stat. 51:221, La. R.S. 51:1409 is GRANTED, and Counts 20, 26, 32, 34, 36, 53 , 55, 57, 59, 61, 63, 65, 67, 69, 71, 73, 75, 77, and 79 are dismissed with prejudice. FURTHER ORDERED that Defendants motion for summary judgment on Plaintiffs claims for unfair competition under 15 U.S.C. § 1125, La. Rev. Stat. 51:1409, Louis iana Civil Code Article 2315, and Texas Business and Commercial Code § 17.46 is GRANTED, and Counts 19, 23, 25, 29, 51, 80-81, and 83 are dismissed with prejudice. FURTHER ORDERED that Defendants motion for summary judgment on Plaintiffs allege d claims for declaratory judgment of alleged invalidity and unenforceability of SnoWizards federally registered trademarks MOUNTAIN MAPLE and SNOSWEET under 28 U.S.C. § 2201(a) is GRANTED, and Counts 27 and 37 are dismissed with prejudice. Signed by Judge Nannette Jolivette Brown on 1/30/2013. (Reference: 06-9170, 09-3394, 10-791, 11-1499)(cms, )
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Filing
610
ORDER & REASONS re plas' 578 Motion in Limine to Preclude Expert Testimony On Matters Not Addressed in Report: At this time, Plaintiffs' motion in limine is premature because nothing in the record or in SnoWizard's response to the mo tion suggests that SnoWizard intends to introduce any testimony outside the scope of the expert report. Accordingly, IT IS HEREBY ORDERED that Plaintiffs' Motion In Limine to Preclude Expert Testimony on Matters Not Addressed in Report is DENIED. Signed by Judge Nannette Jolivette Brown on 1/14/2013. (Reference: 11-1499)(rll, ) Modified on 1/15/2013 to edit doc type (rll, ).
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Filing
608
ORDER & REASONS re SnoWizard, Inc. and Ronald R. Sciortino's (collectively, "SnoWizard") 579 Motion for a Markman Determination and for Summary Judgment: Having determined that the Court has enough information to make a Markman deter mination without holding a hearing, claims 1 and 11 of the 871 patent should be construed in accordance with the interpretation herein. Although the Court also finds that the claims of the 871 patent read onto SS-1, summary judgment is not appropriat e here because the validity of the patent has yet to be determined. Accordingly, IT IS HEREBY ORDERED that SnoWizard's Motion for a Markman Determination and for Summary Judgment of Patent Infringement is GRANTED IN PART AND DENIED IN PART as set forth herein.. Signed by Judge Nannette Jolivette Brown on 1/2/2013. (Reference: 11-1499)(rll, )
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Filing
607
ORDER & REASONS re 533 SnoWizard's Objections to Order of the Magistrate Judge Denying Leave to File Supplemental Counterclaim: for the reasons set forth, IT IS HEREBY ORDERED that SnoWizard's Objections to Order of the Magistrate Judge D enying Leave to File Supplemental Counterclaim is DENIED and that Magistrate Judge Shushan's Order (Rec. Doc. 532), which denied SnoWizard's Contested Motion for Leave to File SnoWizard, Inc.'s Supplemental Counterclaim for Patent Infringement (Rec. Doc. 530), is AFFIRMED. Signed by Judge Nannette Jolivette Brown on 12/31/2012. (Reference: 11-1499)(rll, )
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Filing
605
ORDER & REASONS re 415 MOTION to Dismiss Alleged RICO Claims Under Rule 12(b)(6) filed by SnoWizard, Inc., Ronald R. Sciortino: for the reasons stated, IT IS HEREBY ORDERED that dfts' Motion to Dismiss Alleged RICO Claims Under Rule 12(b)(6) is GRANTED. Signed by Judge Nannette Jolivette Brown on 12/14/2012.(Reference: 11-1499)(rll, ) Modified on 12/14/2012 to edit text & doc type (rll, ).
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Filing
558
ORDER & REASONS re third-party dft Hanover Insurance Company's 462 Motion for Summary Judgment: for the reasons stated, IT IS HEREBY ORDERED that Hanover's Motion for Summary Judgment is GRANTED and the claims against it by Third-Party Plaintiff SnoWizard are DISMISSED WITH PREJUDICE. Signed by Judge Nannette Jolivette Brown on 9/25/2012. (Reference: 11-1499)(rll, )
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Filing
557
ORDER denying 410 SnoWizard, Inc. and Ronald R. Sciortinos Motion for Sanctions. Signed by Judge Nannette Jolivette Brown. (Reference: 11-1499)(jrc, )
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Filing
478
ORDER granting in part and denying in part 448 Motion to Compel Discovery, as stated herein. Signed by Magistrate Judge Sally Shushan on 11/22/2011. (Reference: 11-1499) (tsf, )
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Filing
371
ORDER & REASONS denying 351 Motion to Reconsider Validity of Snowsweet. Signed by Judge Jay C. Zainey. (Reference: 99-3394)(gbw, )
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Filing
260
ORDER & REASONS granting 205 Parasol Flavors, LLC's Motion for Summary Judgment of the third party claims. The third party claims filed by SnoWizard are DISMISSED. Signed by Judge Jay C. Zainey. (Reference: 10-791)(gbw, )
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