Opinion
Civil Action 19-3584
03-11-2022
PAC-WEST DISTRIBUTING NV LLC, Plaintiff v. AFAB INDUSTRIAL SERVICES, INC., et at., Defendants
ORDER
GENE E.K. PRATTER UNITED STATES DISTRICT JUDGE
AND NOW, this 10 day of March, 2022, upon consideration of AFAB and Mr. Fair's Motion for Summary Judgment (Doc, No. 66), Pac-West's response in opposition and corrected memorandum (Doc. Nos. 74 & 81), the supporting affidavits and exhibits, and this Court having held oral argument on October 12, 2021, it is hereby ORDERED that the Motion (Doc. No. 66) is GRANTED IN PART and DENIED IN PART as follows, for the reasons set forth in the accompanying Memorandum:
1. The motion (Doc. No. 66) is GRANTED on the tortious interference claim and on the trade dress claims related to the RUSH, SUPER RUSH, and NEVER FAKE IT! marks;
2. The motion (Doc. No. 66) is DENIED on the remaining bases.