| Our Client: Defendant, Ian Design,
Inc. (www.bestchoicevacuums.com)
Matter: Alleged infringement of trademark
Summary: We represent Defendant Ian
Design, Inc. in a trademark infringement action brought against
it by Best Vacuum, Inc. of Illinois. Best Vacuum, Inc. contends
that Ian Design, Inc.'s use of the domains "bestvacuumcleaner.com"
and "bestchoicevacuums.com" infringes its alleged mark
"best vacuum." Ian Design, Inc. opposed such allegations.
On behalf of Ian Design, Inc., we successfully defeated Best Vacuum's
motion for preliminary injunction and motion for summary judgment, as well as successfully obtained a ruling in Ian Design, Inc.'s favor on its cross-motion for summary judgment.
Disposition:
Summary Judgment granted in favor of our client Ian Design, Inc.
Status: Pending final resolution in matters before the United States Patent and Trademark Office
Pleadings:
Complaint
filed against our client, Ian Design, Inc.
Answer and Affirmative Defenses
(filed after the Court ruled on Defendant's Motion to Dismiss)
Preliminary Injunction filed by Plaintiff against
our client, Ian
Design, Inc. (DENIED)
Motion
for Preliminary Injunction, Plaintiff's
Opposition
Memorandum filed by our firm on behalf of Ian
Design, Inc.
Reply
Memorandum, Plaintiff's
Motion
to Supplement, Plaintiff's
Motion to Dismiss filed by our firm on behalf of our
client, Ian Design, Inc. (GRANTED
in PART, DENIED in PART)
Motion
to Dismiss, Defendant's
Orders
Report
and Recommendation of Magistrate DENYING Motion for Preliminary
Injunction
Report
and Recommendation of Magistrate GRANTING in PART and
DENYING in PART Defendant's Motion to Dismiss
Order
of District Court Adopting Magistrate's Reports and Recommendations
Motion for Summary Judgment
Plaintiff [not filed electronically - need to scan]
Ian
Design's Cross-Motion for Summary Judgment (Notice
of Filing)
Ian
Design's Memorandum Opposing Plaintiff and Supporting its Cross-Motion
(Notice
of Filing)
Ian
Design's Local Rule 56.1 Response and Additional Material Facts
(Notice
of Filing)
Exhibit
1- Declaration of Charles Lee Mudd Jr.
Exhibit 2- Supplemental Declaration of Charles
Lee Mudd Jr.
Exhibit
3 - Cited Portions of Deposition of John Roesler
Exhibit
4 - Declaration of James D. Kole
Exhibit
5 - Affidavit of John Roesler
Plaintiff did not file any further response
Order and Ruling granting summary judgment in favor of Ian Design
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