ORDER On June 9, 2008, a courtroom view network (CVN) requested that the court issue an order permitting it to record and provide audio visual coverage of the trial in the above captioned action, which was scheduled to being on July 8, 2008. As with CVNs prior application, the court would have been predisposed to grant the application, but the parties have since settled the case, see Stipulation and Order of Dismissal dated 6/17/08, and accordingly no trial will transpire. The application is therefore denied as moot. (Signed by Judge Jed S. Rakoff on 6/22/08) (mme)

STIPULATION AND ORDER OF DISMISSAL that the counterclaims asserted by defendants Learning Curve International, Magla Products, Water-Jel Technologies, and First Aid Only for declaratory judgment for trademark invalidity and for trademark cancellation are dismissed without prejudice. All other claims and counterclaims not heretofore disposed of by order of this Court are hereby dismissed with prejudice, with each party bearing its own costs, attorneys' fees and expenses. (Signed by Judge Jed S. Rakoff on 6/18/08) (cd)

OPINION AND OPINION 96067: For the reasons stated herein, all of the motions are denied except for the portion of J&Js motion seeking dismissal of ARCs three counterclaims and the portion of defendants motion seeking dismissal of Counts 1, 3, 5 and 6 of the Amended Complaint. As for J&Js motion for summary judgment dismissing the codefendant's two counterclaims for trademark invalidity pursuant to 28 U.S.C. 2201 and cancellation of trademark under 15 U.S.C. 1119 and 15 U.S.C. 1064(3), this motion is premised entirely on the premise that if the codefendant's use of the emblem is illegal under 18 U.S.C. 706, then the codefendant's do not have standing to assert these counterclaims. Pl. Mem. at 39. Because, however, the Court has concluded that the codefendant's use of the emblem is not illegal under 18 U.S.C. 706, this argument is moot and the motion must be denied. l4 In sum, the Court hereby grants the portion of plaintiff's summary judgment motion that seeks dismissal of the three counterclaims brought by defendant American National Red Cross and hereby grants the portion of defendant's summary judgment motion that seeks dismissal of Counts 1, 3, 5 and 6 of the Amended Complaint. In all other respects, the parties respective summary judgment motions are hereby denied. Counsel are instructed to jointly call Chambers at 2 p.m. on May 16, 2008 to schedule a prompt date for trial of the remaining claims, i.e. Counts 2, 7, and 8 of the Amended Complaint and the two counterclaims of the codefendant's. (Signed by Judge Jed S. Rakoff on 5/14/2008) (jfe) Modified on 5/16/2008 (ae).

MEMORANDUM: For reasons further set forth in said Order, Johnson & Johnson's Complaint fails as a matter of law to allege the essentials of a claim for promissory estoppel....As for defendants' additional arguments for dismissing the First Claim, as well astheir arguments for dismissing the Second, Seventh and Eighth claims, these arguments are without merit and warrant no discussion here. Counsel are reminded that oral argument on the summary judgment motions in this case will proceed on 1/4/08 at 2:00 p.m. Set Deadlines/Hearing as to 38 MOTION for Summary Judgment. 47 MOTION for Summary Judgment: (Motion Hearing set for 1/4/2008 at 02:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 1/2/08) (db)

REPLY MEMORANDUM OF LAW in Support re: 56 MOTION to Strike.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National Red Cross. (Abram, Jonathan)

DECLARATION of Phyllis S. Wallitt Submitting Exhibits in Response to Defendants' Counter-Statement of Undisputed Material Facts. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc.. (Lehrburger, Robert)

MEMORANDUM OF LAW in Opposition re: 38 MOTION for Summary Judgment. (Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment)(Publicly Filed Version). Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc.. (Lehrburger, Robert)

MEMO ENDORSEMENT granting 49 Motion for leave to file. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 11/29/07) (tro)

MEMORANDUM OF LAW in Support re: 47 MOTION for Summary Judgment. (Publicly Filed Version). Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc.. (Lehrburger, Robert)

EMERGENCY MOTION for Leave to File 1) The Exhibits Accompanying the Declaration of Jonathan L. Abram in Support of Defendants' Motion for Summary Judgment and 2) The Exhibits and Appendices Accompanying the Declarations of Ravi J. Sitwala with the Clerk of the Court.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National Red Cross.(Abram, Jonathan)

PROTECTIVE ORDER: regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Jed S. Rakoff on 11/5/07) (db) Additional attachment(s) added on 11/6/2007 (Espinell, Antonia).

ANSWER to Counterclaim. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc..(Zissu, Roger)

MEMORANDUM OF LAW in Opposition re: 24 MOTION to Dismiss.. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc.. (Diskant, Gregory)

MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National Red Cross. (Abram, Jonathan)

NOTICE OF APPEARANCE by Raymond A. Kurz on behalf of Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National Red Cross (Kurz, Raymond)

AMENDED COMPLAINT amending 1 Complaint, against Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National Red Cross. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc. Related document: 1 Complaint, filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc. (jco)

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. Attorney Jonathan L. Abram for Learning Curve International, Inc. and Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc. admitted Pro Hac Vice. Because this action is assigned to the Electronic Case Filing (ECF) system, counsel shall immediately apply for an ECF password. (Signed by Judge Jed S. Rakoff on 8/27/07) (tro)

MOTION for Raymond A. Kurz to Appear Pro Hac Vice. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National Red Cross. (jco)

NOTICE OF APPEARANCE by Sarah Elizabeth Zgliniec on behalf of Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc. (Zgliniec, Sarah)

CIVIL CASE MANAGEMENT PLAN: Joinder of Parties due by 9/15/2007. Amended Pleadings due by 9/5/2007. First request for production of documents due by 8/24/2007. Interrogatories due by 8/24/2007. Claims to offer Expert testimony due by 11/15/2007, Available for deposition within 10 days thereafter or by 11/25/2007. Opposition to claim of Expert Testimony due by 12/15/2007, available for deposition within 10 days thereafter or by 12/24/2007. Fact Depositions due by 11/8/2007, Expert Depositions due by 12/24/2007. Requests to Admit due by 10/8/2007. All Discovery due by 12/24/2007. Post-Discovery Summary Judgment Motions due by 11/21/2007. Responses due by 12/5/2007, Replies due by 12/12/2007. Final Pretrial Conference set for 1/4/2007 at 04:00 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 8/16/2007) (jar)

NOTICE OF COURT CONFERENCE: counsel for all parties are to attend a conference pursuant to F.R.C.P. Rule 16 on 8/16/2007 at 3:30 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 8/13/07) (kco)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Johnson & Johnson as Corporate Parent. Document filed by Johnson & Johnson Consumer Companies, Inc..(tro) Additional attachment(s) added on 8/13/2007 (Polanco, Juan).