AMERICAN SOCIETY FOR TESTING AND MATERIALS et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 240

ORDER granting in part and denying in part 198 Motion for Summary Judgment; granting in part and denying in part 198 Motion for Permanent Injunction; granting in part and denying in part 202 Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 03/31/2022. (lcwk)

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Case 1:13-cv-01215-TSC Document 240 Filed 03/31/22 Page 1 of 3 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) AMERICAN SOCIETY FOR TESTING ) AND MATERIALS, et al., ) ) Plaintiffs, ) ) v. ) ) PUBLIC.RESOURCE.ORG, INC., ) ) Defendant. ) ) Case No. 13-cv-1215 (TSC) ORDER For reasons explained in the accompanying Memorandum Opinion, ECF No. 239, Plaintiffs’ Motion for Summary Judgment and for a Permanent Injunction, ECF No. 198, is GRANTED IN PART and DENIED IN PART, and Defendant’s Cross-Motion for Summary Judgment, ECF No. 202, is GRANTED IN PART and DENIED IN PART. Plaintiffs’ Motion for Summary Judgment is GRANTED, and Defendant’s Cross-Motion is DENIED as to the following 32 standards, which Defendant shall remove from its website and any other website within its possession, custody, or control by April 8, 2022: • • • • • • • • • • • • • ASTM C518 (1991) ASTM A36 (1977ae) ASTM A36/A36M (1997ae1) ASTM A307 (1978e) ASTM A370 (1997 e2) ASTM A475-78 (1984e1) ASTM B224 (1980 e1) ASTM C150 (1999a) ASTM C177 (1997) ASTM C236 1989 (1993)e1 ASTM C516 1980 (1996)e1 ASTM C549 1981 (1995)e1 ASTM D1246 1995 (1999) Page 1 of 3 Case 1:13-cv-01215-TSC Document 240 Filed 03/31/22 Page 2 of 3 • • • • • • • • • • • • • • • • • • • ASTM D1518 1985 (1998)e1 ASTM D1785 (1986) ASTM D1946 1990 (1994)e1 ASTM D4239 1997e1 ASTM D4891 1989 (1994)e1 ASTM D5489 (1996a) ASTM D5865 (1998a) ASTM D665 (1998e1) ASTM D975 1998b ASTM D975 2007 ASTM E145 (1994)e1 ASTM E695 1979 (1997)e1 ASTM F1007 1986 (1996)e1 ASTM F1020 1986 (1996)e1 ASTM F1193 (2006) ASTM F1271 1990 (1995)e1 ASTM F1273 1991 (1996)e1 ASTM F808 1983 (1988)e1 ASTM G154 (2000a) Both parties’ motions for summary judgment are GRANTED IN PART and DENIED IN PART as to the following standard, and Defendant shall remove all portions of this standard, other than the text of Test Methods A and B contained therein, from its website and any other website within its possession, custody, or control by April 8, 2022: • ASTM D2036 (1998) Plaintiffs’ Motion for Summary Judgment is DENIED, and Defendant’s Cross-Motion is GRANTED as to the remaining 184 standards listed in the court’s Appendix to the accompanying Memorandum Opinion. Plaintiffs’ Motion for Summary Judgment is DENIED, and Defendant’s Cross-Motion is GRANTED as to Defendant’s use of Plaintiffs’ trademarked words. Plaintiffs’ Motion for Summary Judgment is GRANTED, and Defendant’s Cross-Motion is DENIED as to Defendant’s use of Plaintiffs’ trademarked logos. Page 2 of 3 Case 1:13-cv-01215-TSC Document 240 Filed 03/31/22 Page 3 of 3 Plaintiffs’ Motion for a Permanent Injunction is GRANTED as to Defendant’s use of its trademarked logos and DENIED as to Defendant’s use of its standards and trademarked words. It is ORDERED that Defendant is permanently enjoined from all unauthorized use of Plaintiffs’ trademarked logos and Defendant shall remove Plaintiffs’ trademarked logos from its website and any other website within its possession, custody, or control by April 8, 2022. Date: March 31, 2022 Tanya S. Chutkan TANYA S. CHUTKAN United States District Judge Page 3 of 3

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