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  • MOTION For Summary Judgment On Plaintiff's Claim For Trademark Infringement

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    Steve Chan
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    Defendants adopted the Mark as their own to sell identical products, to identical customers, and through identical marketing and trade channels. Plaintiff wishes to put an end to Defendant s infringement and to be compensated for the harm and expense this infringement has caused. In support of this Motion, Plaintiff submits its Memorandum of law, Statement of Material Facts as to which There is No Genuine Issue of Fact to be tried.

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    MOTION for Summary Judgment on Plaintiff's Claim for Trademark Infringement

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    Defendants adopted the Mark as their own to sell identical products, to identical customers, and through identical marketing and trade channels. Plaintiff wishes to put an end to Defendant s infringement and to be compensated for the harm and expense this infringement has caused. In support of this Motion, Plaintiff submits its Memorandum of law, Statement of Material Facts as to which There is No Genuine Issue of Fact to be tried.

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    481 views4 pages

    MOTION For Summary Judgment On Plaintiff's Claim For Trademark Infringement

    Uploaded by

    Steve Chan
    Defendants adopted the Mark as their own to sell identical products, to identical customers, and through identical marketing and trade channels. Plaintiff wishes to put an end to Defendant s infringement and to be compensated for the harm and expense this infringement has caused. In support of this Motion, Plaintiff submits its Memorandum of law, Statement of Material Facts as to which There is No Genuine Issue of Fact to be tried.

    Copyright:

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    of 4

    IN THE UNITED STATES DISTRICT COURT

    FOR THE NORTHERN DISTRICT OF GEORGIA


    ATLANTA DIVISION

    THE FLAG COMPANY, INC., a §


    Georgia Corporation §
    §
    Plaintiff §
    §
    v. §
    §
    CIVIL ACTION FILE NO.
    STEVEN A. CHAN, LLC (d/b/a FIVE §
    1:09-cv-01880-CAP
    STAR FLAGS and/or VIA5), a §
    California Limited Liability Company, §
    and STEVEN A. CHAN, a California §
    resident, §
    §
    Defendants. §
    §

    PLAINTIFF S MOTION FOR SUMMARY JUDGMENT


    ON ITS CLAIM FOR TRADEMARK INFRINGEMENT

    Plaintiff The Flag Company, Inc. ( Plaintiff ) files this Motion for Summary

    Judgment on its Claim for Trademark Infringement, showing the Court as follows:

    Plaintiff filed this lawsuit against one of its former customers, Defendants

    Steven A. Chan ( Chan ), and his company, Steve A. Chan, LLC ( Chan LLC )

    (collectively with Chan, Defendants ). After buying products from Plaintiff

    branded under Plaintiff s federally-registered trademark, Defendants adopted the

    Mark as their own to sell identical products, to identical customers, and through

    identical marketing and trade channels. Plaintiff wishes to put an end to

    2816779v1
    Defendants infringement and to be compensated for the harm and expense this

    infringement has caused. Therefore, Plaintiff respectfully requests that the Court

    grants its Motion and enter summary judgment.

    In support of this Motion, Plaintiff submits its Memorandum of Law,

    Statement of Material Facts as to which There is No Genuine Issue of Fact to Be

    Tried, and the Declaration of Vicki Lawrence.

    Dated this 28th day of May, 2010.

    Respectfully submitted,

    ARNALL GOLDEN GREGORY, LLP

    /s/ J. Tucker Barr


    ________________________________
    Scott E. Taylor
    Georgia Bar No. 785596
    J. Tucker Barr
    Georgia Bar No. 140868

    Suite 2100
    171 17th Street, N.W.
    Atlanta, Georgia 30363
    (404) 873-8624
    (404) 873-8625 (facsimile)

    2816779v1
    -2-
    IN THE UNITED STATES DISTRICT COURT
    FOR THE NORTHERN DISTRICT OF GEORGIA
    ATLANTA DIVISION

    THE FLAG COMPANY, INC., a §


    Georgia Corporation §
    §
    Plaintiff §
    §
    v. §
    §
    CIVIL ACTION FILE NO.
    STEVEN A. CHAN, LLC (d/b/a FIVE §
    1:09-cv-01880-CAP
    STAR FLAGS and/or VIA5), a §
    California Limited Liability Company, §
    and STEVEN A. CHAN, a California §
    resident, §
    §
    Defendants. §
    §

    CERTIFICATE OF SERVICE

    This is to certify that I have this day electronically filed the foregoing

    PLAINTIFF S MOTION FOR SUMMARY JUDGMENT ON ITS CLAIM FOR

    TRADEMARK INFRINGEMENT with the Clerk of Court using the CM/ECF

    system, and further certify that I have this day served Defendants with same by

    placing a copy in the United States mail, first class, addressed to:

    Steven A. Chan, LLC


    Attn: Steven A. Chan, Registered Agent
    720A Center Street
    Costa Mesa, California 92627

    2816779v1
    -3-
    Steven A. Chan
    720A Center Street
    Costa Mesa, California 92627

    Dated this 28th day of May, 2010.

    /s/ J. Tucker Barr


    ________________________________
    J. Tucker Barr
    Georgia Bar No. 140868

    2816779v1
    -4-

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