Opinion
19-22553-CIV-MORENO
09-21-2022
LAS ORIGINALES PIZZA, INC., a Florida Corporation; and MONTE PIZZA, INC., a Florida Corporation, Plaintiffs, v. BATABANO GROUP, INC., a Florida Corporation; BATABANO GROUP II, INC., a Florida Corporation; BATABANO GROUP III, INC., a Florida Corporation; LUIS PENA, individually; and YAMLIN MEDEROS, individually, Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
FEDERICO A. MORENO UNITED STATES DISTRICT JUDGE.
THE MATTER was referred to the Honorable Jonathan Goodman, United States Magistrate Judge, for a Report and Recommendation on Plaintiffs' Motion for Partial Summary Judgment on Liability (D.E. 56), Defendant Batabano Group Inc.'s Motion for Summary Final Judgment (D.E. 58), Defendant Luis Pena's Motion for Summary Final Judgment (D.E. 60), and Defendant Yamilin Mederos' Motion for Summary Judgment (D.E. 99). The Magistrate Judge filed Reports and Recommendations (D.E.s 106, 107, 108 & 109) on July 18, 2022. The Court has reviewed the entire file and record. It is
ADJUDGED that United States Magistrate Judge Goodman's Reports and Recommendations are AFFIRMED and ADOPTED. Accordingly, it is ADJUDGED that Plaintiffs' Motion for Partial Summary Judgment on Liability (D.E. 56) is GRANTED in part and DENIED in part. Summary judgment is granted in favor of Plaintiffs on the issues of ownership and validity, likelihood of confusion, and the descriptive fair use defense. All other aspects of Plaintiffs' motion are denied. Defendant Batabano Group Inc.'s Motion for Summary Final Judgment (D.E. 58) is DENIED. Defendant Luis Pena's Motion for Summary Final Judgment (D.E. 60) is DENIED. Defendant Yamilin Mederos' Motion for Summary Judgment (D.E. 99) is DENIED.
DONE AND ORDERED.