Franek v. Walmart Stores, Inc. et al

Filing 72

ENTERED JUDGMENT Signed by the Deputy Clerk on 3/31/2009.Mailed notice(tbk, )

AO 450(Rev. 5/85)Judgment in a Civil Case

Case 1:08-cv-00058 Document 72

Filed 03/31/09 Page 1 of 1

United States District Court
Northern District of Illinois
Eastern Division

Clemens Franek v. Walmart Stores, Inc.,et al
G O

JUDGMENT IN A CIVIL CASE Case Number: 08 C 58

Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury rendered its verdict. Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

IT IS HEREBY ORDERED AND ADJUDGED that pursuant to Memorandum Opinion and Order dated 3/13/09, Plaintiff, Clemens Franek's motion for partial summary judgment [41] is granted as to Count II of its Complaint for Declaratory Judgment and Other Relief and Franeks U.S. Trademark Registration No. 1,502,261 is invalid as functional. Plaintiff's motion for summary judgment [41] is also granted as to Counts I through IV of Clemens Franeks Counterclaims against Jay Franco & Sons. Pursuant to Minute Order dated 3/30/09, the Court clarifies that (I) the March 13, 2009 memorandum opinion and order is final and appealable, (ii) Counts I, III, IV, and V of Franco's complaint are dismissed without prejudice as moot, and (iii) Counts I, II, and III of Franek's complaint against Walmart and Target likewise are dismissed without prejudice as moot.

Michael W. Dobbins, Clerk of Court
Date: 3/31/2009 ________________________________ /s/ Theresa B. Kinney, Deputy Clerk