Opinion
3:20-cv-00623-IM
04-07-2022
GARAN, INCORPORATED and GARAN SERVICES CORPORATION, PLAINTIFFS, v. MANIMAL, LLC, DEFENDANT.
ORDER AND FINAL JUDGMENT
Hon. Karin J. Immergut, United States District Judge.
For the reasons stated in the Court's January 25, 2022 Opinion and Order [ECF 70] and February 11, 2022 Minute Order [ECF 79], Defendant's Motion for Summary Judgment [ECF 37] is DENIED and Plaintiffs' Cross-Motion for Summary Judgment [Dkt. Nos. 42, 43] is GRANTED IN PART as to the First Claim for Relief of the Complaint and DENIED E\ PART as moot as to the Fifth Claim for Relief of the Complaint, and it is hereby ORDERED that the TTAB's decision dismissing the opposition to U.S. Trademark Application Serial No. 85/511, 299 is REVERSED, and it is further ORDERED that the Director of the U.S. Patent and Trademark Office refuse U.S. Trademark Application Serial No. 85/511, 299 for the MAMMAL mark under Section 2(d) of the Trademark Act of 1946, 15 U.S.C. § 1052(d).
It is further ORDERED that the Second, Third and Fourth Claims for Relief of the Complaint be dismissed, with prejudice.
It is further ORDERED that the Fifth Claim for Relief of the Complaint be dismissed, without prejudice.
It is further ORDERED that each party shall bear its own attorney's fees and costs in connection with this action.
The Court shall retain jurisdiction to the niaxirnuin extent permitted by law to enforce the terms of the parties' Settlement Agreement. IT IS SO ORDERED.