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    Motion For Partial Summary Judgment

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    Kenan Farrell
    Forest River filed a partial motion for summary judgment against inTech Trailers. Forest River argues that inTech's infringement of Forest River's DELLA TERRA and mountain design trademarks violates federal and state trademark laws as well as common law. Forest River asserts there are no genuine disputes of material fact and it is entitled to judgment as a matter of law on liability. Forest River also argues it should be granted summary judgment on inTech's affirmative defense of assumption of risk. Forest River requests a permanent injunction, further proceedings on damages, which an expert estimates to be over $7.6 million, and certification that the parties met and conferred without resolving the issues in the motion.

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    Motion For Partial Summary Judgment

    Uploaded by

    Kenan Farrell
    386 views3 pages
    Forest River filed a partial motion for summary judgment against inTech Trailers. Forest River argues that inTech's infringement of Forest River's DELLA TERRA and mountain design trademarks violates federal and state trademark laws as well as common law. Forest River asserts there are no genuine disputes of material fact and it is entitled to judgment as a matter of law on liability. Forest River also argues it should be granted summary judgment on inTech's affirmative defense of assumption of risk. Forest River requests a permanent injunction, further proceedings on damages, which an expert estimates to be over $7.6 million, and certification that the parties met and conferred without resolving the issues in the motion.

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    Motion for Partial Summary Judgment

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    Motion for Partial Summary Judgment

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    Forest River filed a partial motion for summary judgment against inTech Trailers. Forest River argues that inTech's infringement of Forest River's DELLA TERRA and mountain design trademarks violates federal and state trademark laws as well as common law. Forest River asserts there are no genuine disputes of material fact and it is entitled to judgment as a matter of law on liability. Forest River also argues it should be granted summary judgment on inTech's affirmative defense of assumption of risk. Forest River requests a permanent injunction, further proceedings on damages, which an expert estimates to be over $7.6 million, and certification that the parties met and conferred without resolving the issues in the motion.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    386 views3 pages

    Motion For Partial Summary Judgment

    Uploaded by

    Kenan Farrell
    Forest River filed a partial motion for summary judgment against inTech Trailers. Forest River argues that inTech's infringement of Forest River's DELLA TERRA and mountain design trademarks violates federal and state trademark laws as well as common law. Forest River asserts there are no genuine disputes of material fact and it is entitled to judgment as a matter of law on liability. Forest River also argues it should be granted summary judgment on inTech's affirmative defense of assumption of risk. Forest River requests a permanent injunction, further proceedings on damages, which an expert estimates to be over $7.6 million, and certification that the parties met and conferred without resolving the issues in the motion.

    Copyright:

    © All Rights Reserved
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    of 3

    USDC IN/ND case 3:21-cv-00645-DRL document 67 filed 03/30/23 page 1 of 3

    UNITED STATES DISTRICT COURT


    NORTHERN DISTRICT OF INDIANA
    SOUTH BEND DIVISION

    FOREST RIVER, INC., ) Civil Action No.: 3:21-cv-00645-DRL-


    ) MGG
    Plaintiff, )
    v. ) Judge Damon R. Leichty
    )
    INTECH TRAILERS, INC., ) Magistrate Judge Michael G. Gotsch, Sr.
    )
    Defendant. )

    PLAINTIFF’S PARTIAL MOTION FOR SUMMARY JUDGMENT

    Plaintiff Forest River, Inc. (“Forest River”), by and through its undersigned counsel and

    pursuant to Fed. R. Civ. P. 56, hereby moves the Court for partial summary judgment in its favor

    and against Defendant inTech Trailers, Inc. (“inTech”) as to inTech’s liability on each of the

    following claims asserted in its First Amended Complaint (Doc. 25): (i) Count I, for Trademark

    Infringement under 15 U.S.C. § 1114(1)(A); (ii) Count II, for Trademark Infringement under 15

    U.S.C. § 1125(a)(1)(A); (iii) Count III, for Trademark Infringement under Indiana Code § 24-2-1-

    13; and, (iv) Count IV, for Common Law Unfair Competition. Forest River also respectfully moves

    the Court to grant it summary judgment on inTech’s affirmative defense of “Assumption of the

    Risk/Incurred Risk/Causation in Fact.” (See Doc. 26.)

    inTech’s infringement on Forest River’s DELLA TERRA and Mountain Design

    trademarks is in violation of the Lanham Act, the Indiana Trademark Act, and common law, and

    no genuine issues of material fact remain in dispute. As such, Forest River’s Motion for Summary

    Judgment should be granted, inTech should be permanently enjoined from its infringing uses, and

    a hearing or an order for further briefing on the issue of damages should be set. 1

    1
    Forest River’s damages are supported by the unrebutted expert testimony of expert Stephen A. Holzen, of Stout
    Risius Ross, LLC, who has opined that Forest River is entitled to more than $7,600,000 in damages as a result of
    USDC IN/ND case 3:21-cv-00645-DRL document 67 filed 03/30/23 page 2 of 3

    Pursuant to Local Rule 56-1, Forest River is filing both a Memorandum in Support and a

    Statement of Material Facts, with supporting exhibits, deposition testimony, and declarations

    attached to the Statement of Material Facts. Forest River certifies that it has met and conferred

    with inTech on the substance of its Motion. 2 Forest River and inTech were unable to reach

    agreement on the substance of the Motion.

    Respectfully submitted,

    s/ Philip R. Bautista
    Philip R. Bautista (Ohio Bar No. 0073272)
    [email protected]
    JoZeff W. Gebolys (Ohio Bar No.0093507)
    (admission via pro hac vice)
    [email protected]
    TAFT STETTINIUS & HOLLISTER LLP
    200 Public Square, Suite 3500
    Cleveland, Ohio 44114
    Phone: (216) 241-2838
    Fax: (216) 241-3707

    Tracy N. Betz (Indiana Atty. No. 24800-53)


    [email protected]
    TAFT STETTINIUS & HOLLISTER LLP
    One Indiana Square, Suite 3500
    Indianapolis, Indiana 46204
    Phone: (317) 713-3544
    Fax: (317) 715-4535

    Counsel for Plaintiff, Forest River, Inc.

    inTech’s infringement. inTech has not engaged an expert on the issue of damages and has not submitted any expert
    testimony to rebut Mr. Holzen’s expert testimony.
    2
    Forest River and inTech conducted their meet and confer on March 17, 2023.

    2
    USDC IN/ND case 3:21-cv-00645-DRL document 67 filed 03/30/23 page 3 of 3

    CERTIFICATE OF SERVICE

    I hereby certify that on March 30, 2023 the foregoing was filed electronically. Notice of

    this filing will be sent to all parties by operation of the Court’s electronic filing system, and parties

    may access this filing through the Court’s system.

    s/ Philip R. Bautista
    Philip R. Bautista (Ohio Bar No. 0073272)

    Counsel for Plaintiff, Forest River, Inc.

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