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16-2455 - ALLISON TRANSMISSION, INC. v. FLEETPRIDE, INC.


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16-2455 - ALLISON TRANSMISSION, INC. v. FLEETPRIDE, INC.
April 5, 2017
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ORDER - For the foregoing reasons, the Court DENIES Fleetpride's Motion to Dismiss but GRANTS Fleetpride's Alternative Motion for a More Definite Statement. Dkt. No. 21. Allison must file an Amended Complaint more clearly defining the trademarks it alleges Fleetpride upon infringed within seven days from the date of this Order. Fleetpride's Motion to Strike, Dkt. No. 23, is GRANTED in part and DENIED in part. Furthermore, Allison's Motion for Leave to File a Sur-Reply, Dkt. No. 38, is GRANTED. (SEE ORDER) Signed by Judge Larry J. McKinney on 4/5/2017. (JKS)
July 14, 2017
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ORDER ON MOTION TO DISMISS COUNTERCLAIMS - The Court GRANTS in part and DENIES in part Plaintiff Allison Transmission, Inc.' 52 Motion to Dismiss Fleetpride's Counterclaims. Counterclaims I and II are hereby DISMISSED. The Court also STRIKES Fleetpride's affirmative defenses, Dkt. No. 47, 74-76, regarding invalidity of the TES 296 mark under 15 U.S.C. ยง 1064, sua sponte. Furthermore, Fleetpride's 49 Motion for Bifurcated or Phase Discovery is DENIED as moot. (See Order.) Signed by Judge Larry J. McKinney on 7/14/2017. (GSO)