INMUNO VITAL, INC. v. GOLDEN SUN, INC.

No. 95-2107-Civ-MORENO.

49 F.Supp.2d 1344 (1997)

INMUNO VITAL, INC., a Florida corporation, Plaintiff/Counter-Defendant, v. GOLDEN SUN, INC., a California corporation, Defendant/Counterclaimant.

United States District Court, S.D. Florida.

December 3, 1997.


Attorney(s) appearing for the Case

James A. Gale, John C. Carey, Feldman Gale & Weber, P.A., Miami, FL, for plaintiffs.

Michael A. Mullen, Gaebe, Murphy, Mullen & Antonelli, Coral Gables, FL, Dennis G. Martin, Blakely, Sokoloff, Taylor & Zafman, Los Angeles, CA, for defendants.


MEMORANDUM OPINION

MORENO, District Judge.

This is a trademark dispute between two companies competing for the rights to the mark VIDA VITAL in connection with the sale of nutritional supplements (vitamins) and herbal tea products. Because this Court finds that material facts remain in issue, the Court denies both parties' motions for summary judgment.

I. LEGAL STANDARD

Summary...

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