Threeline Imports, Inc. v. Vernikov et al
MEMORANDUM AND ORDER: I find that the plaintiff did not prove at trial that it had valid rights to the chicken-and-egg logo, and therefore has not proved its Lanham Act infringement and counterfeiting claims against the defendants. On the other hand , I find that the defendants have established common law rights in the chicken-and-egg logo, and have shown that the plaintiff is liable to them for Lanham Act trademark infringement, unfair competition, and false designation of origin, as well as co mmon law unfair competition and unjust enrichment. The Court will consider damages on these claims--including requests for attorney's fees--in the next phase of these proceedings. Further, as a result of these findings, the May 21, 2015 preliminary injunction is dissolved. To discuss the damages phase of this case, the parties are to appear at a status conference before this Court on March 29, 2017 at 11:00 a.m. Ordered by Judge Ann M. Donnelly on 3/3/2017. (Greene, Donna)
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