FROMPOVICZ v. NIAGARA BOTTLING, LLC et al

Filing 26

ORDER THAT DEFENDANTS ICE RIVER, CROSSROADS, AND LAND'S MOTION TO DISMISS 4 IS GRANTED IN PART AND DENIED IN PART. DEFENDANT NIAGRA'S MOTION TO DISMISS 11 IS GRANTED, ETC. SIGNED BY HONORABLE WENDY BEETLESTONE ON 5/24/18. 5/24/18 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STANLEY F. FROMPOVICZ,
Plaintiff,

CIVIL ACTION

v.
NIAGARA BOTTLING, LLC, ICE RIVER
SPRINGS WATER CO, INC.,
CROSSROADS BEVERAGE GROUP AND
JAMES J. LAND, JR.,
Defendants.

NO. 18-54

ORDER
AND NOW, this 24th day of May, 2018, upon consideration of Defendants Ice River
Springs Water Co, Inc. (“Ice River”), Crossroads Beverage Group (“Crossroads”), and James J.
Land Jr.’s (“Land”) Motion to Dismiss (ECF No. 4), Plaintiff’s Response in Opposition thereto
(ECF No. 17), the Reply in Further Support thereof (ECF No. 18), and the Letter with additional
authority (ECF No. 24), as well as Defendant Niagara Bottling, LLC’s (“Niagara”) Motion to
Dismiss (ECF No. 11), Plaintiff’s Response in Opposition thereto (ECF No. 17), the Reply in
Further Support thereof (ECF No. 19), a Letter with additional authority (ECF No. 22),
Plaintiff’s reply to additional authority (ECF No. 23), and following Oral Argument on the
Motions, IT IS HEREBY ORDERED as follows:
(1) Defendants Ice River, Crossroads, and Land’s Motion to Dismiss (ECF No. 4) is
GRANTED IN PART AND DENIED IN PART.
a. Defendant’s Motion to Dismiss Count One (Lanham Act) is GRANTED IN
PART AND DENIED IN PART. Count One is dismissed against Defendants
Ice River and Crossroads WITHOUT PREJUDICE. Defendants’ Motion to
Dismiss Count One against Defendant Land is DENIED.
b. Defendants’ Motion to Dismiss Plaintiff’s claim for injunctive relief is
GRANTED. Plaintiff’s request for injunctive relief is DISMISSED WITHOUT

PREJUDICE.
c. Defendants Ice River, Crossroads, and Land’s Motion to Dismiss Count Two
(unfair competition) is GRANTED IN PART AND DENIED IN PART. Count
Two is dismissed against Defendants Ice River and Crossroads WITHOUT
PREJUDICE. Defendants’ Motion to Dismiss Count Two against Defendant
Land is DENIED.
(2) Defendant Niagara’s Motion to Dismiss (ECF No. 11) is GRANTED.
a. Count One (Lanham Act) is DISMISSED WITHOUT PREJUDICE against
Niagara.
b. Count Two (unfair competition) is DISMISSED WITHOUT PREJUDICE
against Niagara.
BY THE COURT:

/S/WENDY BEETLESTONE, J.
_______________________________
WENDY BEETLESTONE, J.

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