Opinion
Civil Action 19-3584
03-10-2022
PAC-WEST DISTRIBUTING NV LLC, Plaintiff v. AFAB INDUSTRIAL SERVICES, INC., et al., Defendants
ORDER
GENE E.K. PRATTER UNITED STATES DISTRICT JUDGE
AND NOW, this 10th day of March, 2022, upon consideration of AFAB and Mr. Fair's Answer, Affirmative Defenses, and Counterclaims to Pac-West's First Amended Complaint (Doc. No. 61), AFAB and Mr. Farr's Amended Counterclaims (Doc. No. 68), Pac-West's Partial Motion to Dismiss AFAB/Farr's Counterclaims (Doc. No. 64), AFAB and Mr. Farr having not opposed the Motion, and this Court having held oral argument on October 12, 2021, it is hereby ORDERED that the Motion (Doc. No. 64) is GRANTED and AFAB/Farr's Amended Counterclaims are partially DISMISSED as follows, for the reasons set forth in the accompanying Memorandum:
1. The portions of Count VI (No Lawful Use in Commerce) based on the trademarks for RUSH, PWD, SUPER RUSH, POWER-PAK PELLET, and NEVER FAKE IT! (the "Previously Litigated Trademarks") are DISMISSED with prejudice;
2. The portions of Count VII (Abandonment) based on the Previously Litigated Trademarks are DISMISSED with prejudice; and
3. The portions of Count VIII (Fraud) based on the Previously Litigated Trademarks are DISMISSED with prejudice.