Cornaby's v. Carnet et al
| Cornaby's |
| Carnet and Carma Christensen |
| Carnet and Carma Christensen |
| Cornaby's |
| David Cornaby, Scott Raevsky and Knobbe Martens Olson & Bear |
| Carnet and Carma Christensen |
| 2:2014cv00462 |
| June 24, 2014 |
| US District Court for the District of Utah |
| Central Office |
| Utah |
| Robert J. Shelby |
| Trademark |
| 15 U.S.C. ยง 1114 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
129
MEMORANDUM DECISION AND ORDER denying 125 Motion for Reconsideration. The court determines that it has not committed clear error. Nor has Cornaby's established any other legitimate reason for granting a motion for reconsideration. The court therefore DENIES Cornaby's motion. Signed by Judge Jill N. Parrish on 10/20/17. (dla)
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Filing
122
MEMORANDUM DECISION denying 46 Cornaby's Motion for Partial Summary Judgment; denying 57 Cornaby's Motion for Partial Summary Judgment on Carnet's counterclaim for fraud before the USPTO; denying 58 Cornaby' ;s Motion for Partial Summary Judgment on Carnet counterclaim for trademark infringement; granting in part and denying in part 59 Motion for Partial Summary Judgment; granting in part and denying in part 60 Motion for Partial Summary Judgment; the court grants summary judgment in favor of Carnet, LLC on these claims to the extent that they are based upon trademark infringement outside of the state of Utah. To the extent these claims are based upon trademark infringement within Utah, summar y judgment is denied. The court also denies summary judgment on Cornabys federal false advertising claim and the circle-R claim alleged under the Utah deceptive trade practices cause of action; denying 61 Carnet's Motion for Partial Summary J udgment on its counterclaim for fraud before the USPTO; finding as moot 80 Motion to Exclude; finding as moot 83 Motion to Exclude; denying 93 Motion to Exclude; denying 93 Motion in Limine; denying as moot 94 Motion to Strike Cornaby& #039;s naked licensing defense ; granting 101 Motion for Leave to File. The causes of action that remain in this case include all of Carnet, LLCs counterclaims. Cornabys causes of action for federal trademark infringement, common law trade mark in fringement, unjust enrichment, and deceptive trade practices under the Utah Code remain only to the extent that they are based upon allegations of trademark infringement within the State of Utah. Cornabys may also assert at trial its federal false advertising cause of action and its Utah deceptive trade practices cause of action to the extent that it is based upon the circle-R claim. Signed by Judge Jill N. Parrish on 8/15/17. (jlw)
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Filing
118
MEMORANDUM DECISION denying 103 Motion for Summary Judgment. Carnets request to depose Janet Stocks and David Cornaby regarding the trademark transfer documents attached to their respective affidavits in response to the motion for summary judgment is GRANTED. Janet and David shall make themselves available to be deposed on a mutually agreed upon date and location by May 5, 2017. The depositions shall be limited to questions regarding the documents attached to their affidavits. If Carnet elects to take the depositions, and then decides to move to dismiss based upon statements made in the depositions, it shall do so by May 19, 2017.Carnets request for discovery sanctions in the form of a fee award is DENIED. Signed by Judge Jill N. Parrish on 4/21/17. (jlw)
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