THE DILLE FAMILY TRUST v. THE NOWLAN FAMILY TRUST

Filing 155

ORDER THAT DEFENDANT'S MOTION TO EXCLUDE THE EXPERT REPORT AND TESTIMONY OF JEFF ROVIN IS GRANTED; DEFENDANT'S MOTION TO EXCLUDE THE EXPERT REPORT AND TESTIMONY OF MICHAEL LAZZARA IS GRANTED; DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS OUTLINED AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS OUTLINED. SIGNED BY HONORABLE WENDY BEETLESTONE ON 8/25/17. 8/25/17 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THE DILLE FAMILY TRUST,
Plaintiff,

CIVIL ACTION

v.
THE NOWLAN FAMILY TRUST,
Defendant.

NO. 15-6231

ORDER
AND NOW, this 25th day of August, 2017, upon consideration of: (1) Defendant’s
Motion to Exclude the Expert Report and Testimony of Jeff Rovin (ECF 102), Plaintiff’s
Response in opposition thereto (ECF 114), and Defendant’s Reply in support thereof (ECF 128);
(2) Defendant’s Motion to Exclude the Expert Report and Testimony of Michael S. Ramage
(ECF 103), Plaintiff’s Response in opposition thereto (ECF 113), and Defendant’s Reply in
support thereof (ECF 127); (3) Defendant’s Motion to Exclude the Expert Report and Testimony
of Richard Spreng (ECF 104), Plaintiff’s Response in opposition thereto (ECF 111), and
Defendant’s Reply in support thereof (ECF 129); (4) Defendant’s Motion to Exclude the Expert
Report and Testimony of Michael Lazzara (ECF 105), Plaintiff’s Response in opposition thereto
(ECF 112), and Defendant’s Reply in support thereof (ECF 126); (6) Defendant’s Motion for
Summary Judgment (ECF 106 & 107), Plaintiff’s Response in opposition thereto (ECF 115),
Defendant’s Reply in support thereof (132), and Plaintiff’s sur-reply thereto (ECF 141); (7)
Plaintiff’s Motion for Partial Summary Judgment (ECF 96), and Defendant’s Response in
opposition thereto (ECF 130); and, (8) Defendant’s Motion to Strike Plaintiff’s sur-reply (ECF
146), and Plaintiff’s Response in opposition thereto (ECF 151); IT IS ORDERED as follows:
(1) Defendant’s Motion to Exclude the Expert Report and Testimony of Jeff
Rovin (ECF 102) is GRANTED;

(2) Defendant’s Motion to Exclude the Expert Report and Testimony of Michael
Lazzara (ECF 105) is GRANTED;
(3) Defendant’s Motion for Summary Judgment (ECF 106 & 107) is GRANTED
in part and DENIED in part as follows;
a. Defendant’s motion for summary judgment on Plaintiff’s opposition to
Defendant’s trademark application (Count One) is GRANTED insofar
as Plaintiff’s opposition proceeds under Section 43(c) of the Lanham
Act, and DENIED insofar as the opposition proceeds under Section
2(d) of the Lanham Act.
i. JUDGMENT IS ENTERED IN FAVOR of the Nowlan
Family Trust and AGAINST the Dille Family Trust on Count
One insofar as Plaintiff’s opposition proceeds under Section
43(c) of the Lanham Act.
b. Defendant’s motion for summary judgment on Plaintiff’s federal
trademark dilution claim (Count Three) is GRANTED.
i. JUDGMENT IS ENTERED IN FAVOR of the Nowlan
Family Trust and AGAINST the Dille Family Trust on Count
Three.
c. Defendant’s motion for summary judgment on Plaintiff’s contract
claim (Count Two) is GRANTED.
i. JUDGMENT IS ENTERED IN FAVOR of the Nowlan
Family Trust and AGAINST the Dille Family Trust on Count
Two.
(4) Plaintiff’s Motion for Summary Judgment (ECF 96) is GRANTED IN PART
AND DENIED IN PART as follows;
a. Plaintiff’s motion for summary judgment on Plaintiff’s opposition to
Defendant’s trademark application (Count One) is DENIED.
b. Plaintiff’s motion for summary judgment as to Defendant’s affirmative
defense to Count One of claim preclusion is GRANTED.
c. Plaintiff’s motion for summary judgment as to Defendant’s affirmative
defense to Count One of issue preclusion is GRANTED.
(5) Defendant’s Motion to Exclude the Expert Report and Testimony of Michael
S. Ramage (ECF 103) is DISMISSED AS MOOT;
(6) Defendant’s Motion to Exclude the Expert Report and Testimony of Richard
Spreng (ECF 104) is DISMISSED AS MOOT; and
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(7) Defendant’s Motion to Strike Plaintiff’s sur-reply (ECF 146) is DENIED.

BY THE COURT:

/s/Wendy Beetlestone, J.

_______________________________
WENDY BEETLESTONE, J.

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