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03-2663 - Health Care and Retirement Corporation of America v. Heartland Home Care


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03-2663 - Health Care and Retirement Corporation of America v. Heartland Home Care
November 2, 2005
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MEMORANDUM AND ORDER sustaining 39 Motion for Summary Judgment, sustaining in part 40 Motion for Summary Judgment. Trial is set for March 7, 2006 at 9:30 a.m. Signed by Judge Kathryn H. Vratil on 11/02/05. (ls)
November 2, 2005
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MEMORANDUM AND ORDER. This order is in replacement of MEMORANDUM AND ORDER 46. A correction was made on page 10. Signed by Judge Kathryn H. Vratil on 11/02/05.(ls)
February 15, 2006
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MEMORANDUM AND ORDER overruling 68 Motion to Reconsider the 48 Motion to Alter Judgment. IT IS THEREFORE ORDERED that HHC has not shown cause why the Court should not grant summary judgment in favor of HCRA on the remaining claims for false designation of origin and trademark dilution. The Court therefore grants summary judgment in favor of HCRA on those claims. IT IS FURTHER ORDERED that HCR-ManorCare has shown cause why the Court should not dismiss its counterclaim for trademark infringement in Case No. 04-4126 because HCR-ManorCare is not the registered owner of the Heartland mark. IT IS FURTHER ORDERED that Heartland Home Care, Inc.s Motion To Reconsider The Courts Memorandum Decision (Docket #48) Based Upon Newly Discovered Evidence (Doc. #68) filedJanuary 27, 2006 be and hereby is OVERRULED. Signed by Judge Kathryn H. Vratil on 2/15/06. (ck )
February 21, 2006
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ORDER OF PERMANENT INJUNCTION. Beginning February 21, 2006 at 5:00 p.m., defendant Heartland Home Care, Inc. and its officers are permanently enjoined from using the name or mark HEARTLAND either standing alone or in combination with any other word or words in connection with marketing, promotion and delivery of health care or related services. See Order for details. Any promotional literature, labels, packaging, advertisements, letterhead, and all other printed material in the custody or under the control of defendant and bearing the name or mark HEARTLAND be delivered up and destroyed in accordance with 15. U.S.C. Section 1118. Signed by Kathryn H. Vratil on 2/21/06.(ls)
February 23, 2006
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ORDER sustaining 78 Motion in Limine. Signed by Kathryn H. Vratil on 2/23/06. (ls)
March 13, 2006
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FINAL JUDGMENT, HHC enjoined from using the name or mark Heartland as provided in this judgment. Signed by Kathryn H. Vratil on 3/13/06.(ls)