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).

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