Strange Music, Inc. v. Anderson

Filing 11

ORDER denying 7 motion for judgment. Signed on 05/24/2010 by District Judge Ortrie D. Smith. (Will-Fees, Eva) Modified on 5/24/2010 to acknowledge the order was mailed to Jeff Anderson, as addressed on the Court's docket sheet (Beard, Melanie).

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION STRANGE MUSIC, INC., Plaintiff, vs. JEFF ANDERSON, Defendant. ) ) ) ) ) ) ) ) ) Case No. 10-0115-CV-W-ODS ORDER AND OPINION DENYING DEFENDANT'S MOTION FOR JUDGMENT Plaintiff's Complaint asserts claim for trademark infringement, unfair competition, and trademark dilution, stemming from Defendant's use of Plaintiff's name, trademarks and logos. Defendant, acting pro se, filed a Motion for Judgment asserting that he is the proper owner of the marks and logos and that he is not violating the Plaintiff's marks and logos because he has merely created "visual art." At best, Defendant's arguments amount to a claim for summary judgment under Rule 56. Even then, the arguments are inadequate because they do not identify any uncontroverted facts or contain a legal discussion demonstrating he is entitled to judgment as a matter of law. Accordingly, the motion (Doc. # 7) is denied. IT IS SO ORDERED. DATE: May 24, 2010 /s/ Ortrie D. Smith ORTRIE D. SMITH, JUDGE UNITED STATES DISTRICT COURT

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