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07-062 - VOGEL v. WOLTERS KLUWER HEALTH, INC. et al


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07-062 - VOGEL v. WOLTERS KLUWER HEALTH, INC. et al
March 18, 2008
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MEMORANDUM OPINION AND RECOMMENDATION - MAGISTRATE JUDGE signed by MAG/JUDGE WALLACE W. DIXON on 03/18/08, recommending that the court GRANT Defendants' motion to dismiss (docket no. 23). Therefore, the court should dismiss Plaintiff's claims for false designation of origin and unfair and deceptive trade practices. Furthermore, because the court may not assert personal jurisdiction over Defendant Trojanowski, he should be dismissed as a Defendant. Thus, if the court adopts this Memorandum Opinion and Recommendation, the sole remaining claim will be a claim for copyright infringement against the Wolters Defendants. (Law, Trina)
December 30, 2008
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ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR., on 12/30/2008, that the Recommendation (Document #34) is ADOPTED, and for the reasons set out in the Recommendation, Defendant's Motion to Dismiss (Document #23) is GRANTED. As a result of this determination, Plaintiff's claims for false designation of origin under the Lanham Act (Count 2) and unfair and deceptive trade practices under state law (Count 3) are DISMISSED. In addition, Defendant John Q. Troganowski is dismissed for lack of personal jurisdiction. The sole remaining claim in this case is Plaintiff's claim for copyright infringement under the Copyright Act (Count 1) against Defendants Wolters Kluwer Health, Inc. d/b/a Lippincott Williams & Wilkins, Wolters Kluwer United States, Inc., and Wolters Kluwer U.S. Corporation, and that claim will go forward in this case. (Lloyd, Donna)