THE DILLE FAMILY TRUST v. THE NOWLAN FAMILY TRUST

Filing 55

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION IS DENIED WITH RESPECT TO COUNT II. MOTION IS GRANTED IN PART AND DENIED IN PART WITH RESPECT TO COUNT III AS OUTLINED HEREIN. DEFENDANTS MOTION IS GRANTED WITH RESPECT TO COUNT IV (STATE LAW TRADEMARK CLAIMS) AND COUNT IV IS DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE WENDY BEETLESTONE ON 9/16/16. 9/16/16 ENTERED AND COPIES EMAILED.(rf, )

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 16th day of September, 2016, upon consideration of Defendant’s
Motion to Dismiss Counts II-IV of Plaintiff’s Second Amended Complaint (ECF No. 32);
Plaintiff’s Response in Opposition thereto (ECF No. 37); Defendant’s Reply in Support thereof
(ECF No. 32); Plaintiff’s Supplemental Response in Opposition (ECF No. 38); Defendant’s
Supplemental Reply (ECF No. 39); after oral argument and for the reasons set forth in the
Court’s Opinion of September 16, 2016 (ECF No. 54), IT IS ORDERED that:
(1) Defendant’s motion is DENIED with respect to Count II (specific performance);
(2) Defendant’s motion is GRANTED in part and DENIED in part with respect to
Count III as follows:
(a) The motion is GRANTED with respect to confusion, deception, and false
description claims brought under Section 43(a) of the Lanham Act, 15 U.S.C.
§ 1125(a), and Plaintiff’s claims under Section 43(a) of the Lanham Act are
DISMISSED WITH PREJUDICE;
(b) The motion is DENIED with respect to trademark dilution claims brought
under Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c); and
(3) Defendant’s motion is GRANTED with respect to Count IV (state law trademark
claims), and Count IV is DISMISSED WITH PREJUDICE.

BY THE COURT:
/S/WENDY BEETLESTONE, J.
_______________________________
WENDY BEETLESTONE, J.
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