The Fashion Exchange LLC v. Hybrid Promotions, LLC et al

Filing 454

ORDER denying 423 Motion for Summary Judgment; granting in part and denying in part 430 Motion to Strike document 423 MOTION for Summary Judgment On Laches And Ownership (Renewed). filed by The Fashion Exchange LLC, 430 MO TION to Strike Document No. [423, 424, 425, 426, 427, 428, 429] (Strike Plaintiff's Summary Judgment Motions). filed by Target Corporate Services, Inc., Family Dollar Services, Inc., Beall's Department Stores, Inc., Marshal ls of MA, Inc., BJ'S Wholesale Club, Inc., Belk, Inc., Hybrid Promotions, LLC, Belk Stores Services, Inc., Macy's Merchandising Group, Inc., Urban Outfitters, Inc., Jarrod Dogan, Jeff Caldwell, Wal-Mart Stores, Inc., Nords trom, Inc., Tween Brands, Inc., Dollar General Corporation, Shopko Stores Operating Co., LLC, Old Navy, LLC, J.C. Penney Corporation, Inc., Macys.com, Inc., Boscov's Department Store, LLC, Ross Stores, Inc., BDSRCO, Inc., Spe ncer Gifts LLC, Kohls Department Stores, Inc., Rue 21, Inc., The Cato Corporation, Gavin Dogan, Sports Holdings, Inc., Dillard International, Inc., The TJX Companies, Inc., Hot Topic, Inc., Macy's Retail Holdings, Inc., Bob� 39;s Stores, LLC, National Stores, Inc. from the record. Briefing on 1) plaintiff's motion for summary judgment as to likelihood of confusion and liability, (ECF No. 425), and 2) defendants' cross-motion for summary judgment, (ECF No. 450), will proceed as set forth in Magistrate Judge Wang's November 9 order. (ECF No. 447.) Pursuant to that schedule, the briefing on these motions will conclude on February 17, 2023. There will be no extension of that schedule. Defendants' motion to strike is therefore denied in part as to plaintiff's motion for summary judgment on likelihood of confusion and liability. SO ORDERED. (Signed by Judge Sidney H. Stein on 12/30/2022) (jca) Modified on 12/30/2022 (jca).