Filing 87

ORDER AND PARTIAL FINAL JUDGMENT, For the reasons set forth in the Memorandum Opinion, it is this 31st day of March, 2010, hereby ORDERED that 1996 Flood's Renewed Motion for Partial Summary Judgment 65 is GRANTED; it is further ORDERED that j udgment be entered for 1996 Flood on all claims in Virginia Flood's First Amended Complaint 28 ; is is further ORDERED that declaratory judgment be entered on Count 5 of 1996 Flood's Counterclaim 9 , that the 1996 Flood parties shall have priority over the Virginia Flood parties and shall have the exclusive right to use and register the trade name and service mark JOHN C. FLOOD and any other name or mark similar to JOHN C. FLOOD that, by colorable imitation or otherwise, is likely to cause confusion or mistake, and that no Virginia Flood party has the right to register or to use beyond the terms of its license the name and mark JOHN C. FLOOD or its abbreviated version FLOOD; and it is further ORDERED that Virginia Flood's Motion for Summary Judgment 60 is DENIED. SO ORDERED. Signed by Judge Richard J. Leon on 3/31/10. (see order and partial final judgment.) (kc )

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