Opinion
Civ. No. 03-3265 (GEB).
June 4, 2004
ORDER
This matter having come before the Court upon Defendants' motion for summary judgment and Plaintiff's cross-motion for summary judgement, pursuant to Fed.R.Civ.P. 56; and the Court, having considered the parties' submissions and having heard oral argument from counsel on April 19, 2004; and for the reasons set forth in the accompanying Memorandum Opinion;
IT IS THIS 4th day of June, 2004 hereby
ORDERED that Defendants' motion for summary judgment is GRANTED IN PART; and it is further
ORDERED that Plaintiff's motion for summary judgment is DENIED; and it is further
ORDERED that the parties shall conduct discovery limited to the factual issues raised by Universal's challenges to the validity of the CARBORITE mark; specifically (1) that Carbolite did not have the requisite bona fide intent to use the CARBORITE mark on the goods identified in the application at the time the application was filed and (2) that Carbolite's April 28, 2003 Statement of Use was false because Carbolite was not in fact using the mark with all of the goods listed on the Statement of Use; and it is further
ORDERED that the parties shall complete said discovery within 45 days of the date of this Order; and it is further
ORDERED that the parties are to meet with the Honorable Tonianne J. Bongiovanni within 20 days of the completion of said discovery to discuss any remaining issues to be determined upon motion and/or at trial.