Energy Brands Inc. v. Jorgensen et al
| Energy Brands Inc. |
| Dexter Jorgensen, Warren Jorgensen, Noreen Jorgensen, Ben Baldwin, Jorgensen Farms, Inc., Timothy Avers, Avers Merchandising Group, Inc. and Gael Coakley |
| 1:2009cv00591 |
| June 25, 2009 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Erie |
| Richard J. Arcara |
| Plaintiff |
| 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
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|---|
Filing
81
DECISION AND ORDER. Jorgensen defendants motion to dismiss Count VII is granted, but the motions to dismiss for lack of jurisdiction, for failure to state a claim and/or to change venue (Dkt. Nos. 39, 56, 57) are denied in all other respects; and th e motions to dismiss the cross-claims asserted by the Avers and Hoffmans defendants are granted (Dkt. Nos. 41, 52 and 72). Count VII of the complaint and cross-claims brought by the Avers defendants and the Hoffmans defendants are dismissed, without prejudice to reassert those claims on or before February 24, 2011. Plaintiffs motion for jurisdictional discovery (Dkt. 61) is denied as moot. SO ORDERED. (JMB)
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