Reed v. Chambersburg Area School District et al
| Jason J.A. Reed |
| Chambersburg Area School District, Chambersburg Area School District Foundation, Joseph Padasak and Jill McCollum |
| 1:2013cv00644 |
| March 11, 2013 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Cumberland |
| Yvette Kane |
| Trademark |
| 15 U.S.C. ยง 1051 Trademark Infringement |
| Plaintiff |
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Filing
93
ORDER (memorandum filed previously as separate docket entry. 65 MOTION to Dismiss Plaintiff's Second Amended Complaint pursuant to F.R.C.P. 12(b)(6) filed by Chambersburg Area School District Foundation is DENIED AS MOOT. 68 Second MOTION for Preliminary Injunction filed by Jason J.A. Reed is DENIED AS MOOT. 79 MOTION for Preliminary Injunction filed by Jason J.A. Reed is DENIED. 83 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chambersburg Area School District Foundation is GRANTED IN PART and DENIED IN PART (SEE ORDER FOR COMPLETE DETAILS.) Signed by Honorable Yvette Kane on 3/17/14. (pw)
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Filing
53
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED THAT Defendants Chambersburg Area School District, Joseph Padasak, and Jill McCollums motion to dismiss (Doc. No. 25 ) and Defendant Chambersburg Area School District Foundations motion to dismiss (Doc. N o. 27 are GRANTED IN PART and DENIED IN PART as follows: 1. Plaintiffs equal protection claim (Count One) is DISMISSED WITHOUT PREJUDICE; 2. Plaintiffs due process claim (Count Two) is DISMISSED WITHOUT PREJUDICE; 3. Plaintiff first amendment clai m (Count Three) is DISMISSED WITHOUT PREJUDICE; 4. Plaintiffs Section 1983 claim (Count Four) is DISMISSED WITHOUT PREJUDICE; 5. Plaintiffs Lanham Act trademark infringement claim (Count Five) survives Defendants motions to dismiss; 6. Plaintiffs Lan ham Act false designation of origin and unfair competition claim (Count Six) is DISMISSED IN PART. The claim survives to extent that Plaintiff seeks to pursue an unfair competition claim under the Lanham Act, 15 U.S.C. § 1125(a)(1)(A), and is DI SMISSED WITHOUT PREJUDICE to the extent that Plaintiff seeks to pursue a trade dress claim under the Lanham Act. 7. Plaintiffs unfair competition claim under the Pennsylvania UTPCPL (Count 30 Seven) is DISMISSED WITHOUT PREJUDICE. 8. Plaintiffs commo n law trademark infringement claim(Count Eight) survives Defendants motions to dismiss. 9. Plaintiffs contributory trademark infringement claim (Count Nine) is DISMISSED WITHOUT PREJUDICE; 10. Plaintiffs breach of contract claim (Count Ten) is DISMIS SED WITHOUT PREJUDICE; 11. Plaintiffs equitable relief claim (Count Eleven) is DISMISSED WITHOUT PREJUDICE; and 12. Plaintiffs tortious interference claim (Count Twelve) is DISMISSED WITHOUT PREJUDICE. Plaintiff is granted leave to amend his complain t within fifteen days of the date of this order to cure the defects noted herein. IT IS FURTHER ORDERED THAT Plaintiffs motion for an extension of the time in which to file an amended complaint (Doc. No. 52) is DEEMED MOOT. Signed by Chief Judge Yvette Kane on 6/17/13. (pw)
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