Vox Amplification Ltd et al v. Meussdorffer et al
| Korg USA, Inc., Korg Inc. and Vox Amplification Ltd |
| Phantom Guitar Works Inc. and Jack Charles Meussdorffer |
| 2:2013cv04922 |
| September 3, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R. Brown |
| Arthur D. Spatt |
| Trademark |
| 15 U.S.C. ยง 1051 Trademark Infringement |
| Plaintiff |
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Filing
56
MEMORANDUM OF DECISION AND ORDER: The Plaintiffs motion to dismiss the Defendants Counterclaim pursuant to Fed. R. Civ. P. 12(b)(6) is DENIED. The Plaintiffs motion to supplement the preliminary injunction record is DENIED. The Plaintiffs objection s to Judge Browns Report and Recommendation are OVERRULED. The Court ADOPTS Judge Browns Report and Recommendation in its entirety and ADOPTS Judge Browns recommendation that the Defendants motion for a preliminary injunction be (1) GRANTED as to th e Defendants Phantom word mark and Phantom Body Shape mark as applied to electric guitars; (2) DENIED as to the Defendants Teardrop word mark and Teardrop Body Shape mark as applied to electric guitars; and (3) DENIED as to any claim regarding the Pl aintiffs production of electric ukuleles. The Defendants are directed to file a $50,000 bond as a condition of the preliminary injunction. The Clerk of the Court is directed to terminate Docket Numbers 11, 23, 30, 37 and 40. Ordered by Judge Arthur D. Spatt on 9/29/2014. c/m by cm/ecf (Mahon, Cinthia)
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