COACH, INC. et al v. SUN FASTIC TANNING RESORT et al

Filing 46

ORDER THAT PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT IS GRANTED AND JUDGMENT IS ENTERED ONLY AS TO LIABILITY IN FAVOR OF PLAINTIFFS AND AGAINST DEFENDANTS. IT IS FURTHER ORDERED THAT UPON PLAINTIFFS' MOTION, A HEARING WILL BE SCHEDULED IN THE FUTURE TO DETERMINE THE DAMAGES TO BE ASSESSED AGAINST DEFENDANTS. SIGNED BY HONORABLE LEGROME D. DAVIS ON 11/9/11. 11/10/11 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
COACH, INC., et al.
v.
SUNFASTIC TANNING RESORT, et al.

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CIVIL ACTION

No. 10-1626

ORDER
AND NOW, this 9th day of November 2011, it is hereby ORDERED that Plaintiffs Coach,
Inc. and Coach Services, Inc.’s Motion for Summary Judgment (Doc. No. 37) is GRANTED, and
judgment is entered only as to liability in favor of Plaintiffs and against Defendants Sunfastic
Tanning Resort and Marlene Prendergrast on Counts One through Four and Six of the Amended
Complaint (Doc. No. 4). Defendants are adjudged liable for trademark counterfeiting,
infringement, false designation of origin, and false advertising under the Lanham Trade-Mark Act,
15 U.S.C. §§ 1114(1), 1125(a). Defendants are adjudged liable for copyright infringement under
the U.S. Copyright Act, 17 U.S.C. §§ 106, 501. Defendant Marlene Prendergrast is adjudged
personally liable in her individual capacity.
It is further ORDERED that upon Plaintiffs’ motion, a hearing will be scheduled in the
future to determine the damages to be assessed against Defendants Sunfastic Tanning Resort and
Marlene Prendergrast. If Plaintiff intends to submit such an motion, it shall be presented no later
than November 23, 2011. Any responses in opposition thereto shall be submitted by December 7,
2011.
BY THE COURT:
/s/ Legrome D. Davis
Legrome D. Davis, J.