Awards Depot, LLC v. Trophy Depot, Inc

Filing 56

ORDER entered DENYING 42 MOTION for Partial Summary Judgment on Request for Declaratory Relief. A Status Conference is set for 1/30/2020 at 09:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
AWARDS DEPOT, LLC,
Plaintiff,
VS.
TROPHY DEPOT, INC.,
Defendant.

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January 15, 2020
David J. Bradley, Clerk

CIVIL ACTION NO. H-18-1838

ORDER
Awards Depot, LLC, has sued Trophy Depot, Inc., seeking damages and a declaratory
judgment for its breach of contract claim arising out of a Settlement Agreement the parties
entered in an earlier trademark infringement case. (Docket Entry Nos. 1, 37). Awards Depot
moved for partial summary judgment on the contract-interpretation issue of the meaning of
“Year 2” in the Settlement Agreement. (Docket Entry No. 42). Trophy Depot responded in
opposition but did not cross-move for summary judgment on the same issue. (Docket Entry No.
43).
The parties’ Settlement Agreement provides a timetable for Awards Depot to stop using
its name and its website, “awardsdepot.com.” (Docket Entry No. 42-1 at 1). The timetable
requires that in “Year 2 – [Awards Depot] ceases all online and other advertising of its name
[Awards Depot], continuing the use of awardsdepot.com only as a “redirect” to a new website
(URL) ‘NewSite.’” (Id.).
Awards Depot argues that the Settlement Agreement’s terms did not require Awards
Depot to stop using its website until October 24, 2018, at the end of “Year 2.” (Docket Entry
No. 42 at 3). Trophy Depot argues that triable fact issues exist over whether the Settlement

Agreement’s language requires Awards Depot to stop using its website by October 24, 2017, at
the beginning of “Year 2.” (Docket Entry No. 43 at 9–23). At a minimum, Trophy Depot has
offered a reasonable alternative interpretation of the Settlement Agreement’s terms. It may be
the only reasonable interpretation. Awards Depot’s motion for summary judgment, (Docket
Entry No. 42), is denied. A status conference is set for January 30, 2020, at 9:30 a.m.
SIGNED on January 15, 2020, at Houston, Texas.

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Lee H. Rosenthal
Chief United States District Judge

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