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MALIBU, INC. v. REASONOVER

No. 3:00-CV-641 RM.

246 F.Supp.2d 1008 (2003)

MALIBU, INC., Plaintiff, v. Albert L. REASONOVER, Defendant.

United States District Court, N.D. Indiana, South Bend Division.

February 19, 2003.

Attorney(s) appearing for the Case

Ryan M. Fountain, Mishawaka, IN, for plaintiff/third-party defendant/counter-defendant/ counter-claimant/third-party plaintiff.

Don G Blackmond, Doran Blackmond LLP, South Bend, IN, James D. Hall, Botkin and Hall LLP, South Bend, IN, for defendant.

M. Robert Benson, Benson Pantello Morris James & Logan, Fort Wayne, IN, for defendant/third-party plaintiff/counter-claimant/ counter-defendant.

John D. Ulmer, Yoder Ainlay Ulmer and Buckingham, Goshen, IN, James F. Groves and James P. Ehrhard, Hardig Lee and Groves, South Bend, IN, James P. Ehrhard, Patrick S. Ryan, Bristol, IN, Mattias Wilhelm, Goshen, IN, for third-party defendant.

Don G. Blackmond, Doran Blackmond LLP, South Bend, IN, James D. Hall, Botkin and Hall LLP, South Bend, IN, for counter-claimant.

MEMORANDUM and ORDER

MILLER, Chief Judge.

Third-party defendants Steve Bennett, David Hoefer, Vitasun, Inc., Scott Strefling, Candice Strefling, and Malibu Properties, LLC have moved for summary judgment on Albert Reasonover's claim of trademark infringement as contained in Count VI of his Supplemental Amended Counterclaim and Third Party Complaint. The third-party defendants1 also ask that if their summary judgment motion...

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