Chrin Hauling, Inc. v. Chrin

Full title: CHRIN HAULING, INC., et al., Plaintiffs, v. JAMES T. CHRIN, Defendant.

Court: United States District Court, E.D. Pennsylvania

Date published: Oct 23, 2023

Civil 5:21-cv-03328-JMG (E.D. Pa. Oct. 23, 2023)

Opinion

Civil 5:21-cv-03328-JMG

10-23-2023

CHRIN HAULING, INC., et al., Plaintiffs, v. JAMES T. CHRIN, Defendant.

JOHN M. GALLAGHER UNITED STATES DISTRICT COURT JUDGE

ORDER

JOHN M. GALLAGHER UNITED STATES DISTRICT COURT JUDGE

AND NOW, this 23^rd day of October, 2023, upon consideration of Plaintiffs' Motion for Partial Summary Judgment (ECF No. 63), Defendant's Opposition to Partial Summary Judgment (ECF No. 67), Plaintiffs' Reply in Support of Summary Judgment (ECF No. 71), Defendant's Refiled Motion for Summary Judgment (ECF No. 64), Plaintiffs' Opposition to Summary Judgment (ECF No. 69), Defendant's Reply in Support of Summary Judgment (ECF No. 73), Defendant's Motion for Partial Summary Judgment on Lanham Act Claims (ECF No. 61), Plaintiffs' Opposition to Partial Summary Judgment on Lanham Act Claims (ECF No. 70), and any exhibits attached thereto, and for the reasons provided in the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that Defendant's Refiled Motion for Summary Judgment (ECF No. 64) is GRANTED in part.

a. Defendant's Refiled Motion for Summary Judgment is GRANTED as to Count I. There is no genuine dispute as to any material fact regarding Plaintiffs' failure to establish a valid and legally protectable mark under the Lanham Act.

b. Judgment is ENTERED in favor of Defendants and against Plaintiffs as to Count I.

c. The Court declines to exercise supplemental jurisdiction over Plaintiffs' remaining state law claims (Counts II, III, and IV), and they are DISMISSED without prejudice.

IT IS FURTHER ORDERED that Defendants' Motion for Partial Summary Judgment on Lanham Act Claims (ECF No. 61) is DENIED.

IT IS FURTHER ORDERED that Plaintiffs' Motion for Partial Summary Judgment (ECF No. 63) is DENIED.