Mojo Sportswear Co et al v. Olukai L L C
Filing 18
RULING - For the foregoing reasons, the portion of the motion seeking discretionary dismissal under the Declaratory Judgment Act is GRANTED and this matter is DISMISSED in its entirety, allowing the parties to litigate these issues before the Tradema rk Trial and Appeal Board of the United States Patent and Trademark Office. The portion of the motion seeking dismissal pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(2), 12(b)(3) and 12(b)(6) is DENIED AS MOOT. Signed by Judge Richard T Haik, Sr on 12/28/15. (crt,Guidry, C)
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