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10-4976 - Vaad L'Hafotzas Sichos, Inc. v. Kehot Publication Society et al


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10-4976 - Vaad L'Hafotzas Sichos, Inc. v. Kehot Publication Society et al
April 1, 2013
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MEMORANDUM & ORDER: The PTOs decision approving Merkoss application for registration of the Kehot logo as a trademark is affirmed. Accordingly, Vaads motion 41 for summary judgment is denied in that respect, while Merkoss cross-motion is granted. With regard to Merkoss counterclaims, Vaad and Chanins motion 47 for summary judgment is denied. Ordered by Judge Frederic Block on 4/1/2013. (Innelli, Michael)
March 14, 2014
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MEMORANDUM & ORDER: Plaintiff's request for certification 67 under Rule 54(b) is denied. Its concomitant motion for a stay pending appeal is denied as moot. Ordered by Judge Frederic Block on 3/14/2014. (Innelli, Michael) Modified on 5/20/2014 (Innelli, Michael).
March 20, 2014
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AMENDED MEMORANDUM AND ORDER AS TO APPEARANCES ONLY: Plaintiff's request for certification 67 under Rule 54(b) is denied. Its concomitant motion for a stay pending appeal is denied as moot. Ordered by Judge Frederic Block on 3/20/2014. (Innelli, Michael)
September 30, 2015
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MEMORANDUM & ORDER: Denying plaintiff's motion 86 for reconsideration. Ordered by Judge Frederic Block on 9/30/2015. (Innelli, Michael)
January 14, 2016
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MEMORANDUM AND ORDER: The Court dismisses Merkoss counterclaims. This memorandum and order, in conjunction with the Courts grant of summary judgment to Merkos on Vaads appeal of the TTABs decision, disposes of all the claims brought in this case. Judgement will be entered shortly. Ordered by Judge Frederic Block on 1/14/2016. (mji)
July 25, 2016
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MEMORANDUM & ORDER: Merkoss motion to amend the Courts factual findings and judgment is granted insofar as the Court now finds that the Kehot logo is a strong mark, and there is insufficient evidence of third-party use to weaken it. With this new factual finding, the Courts balance of the Polaroid factors is amended to reflect there is a likelihood of confusion. However, the motion 125 is denied with respect to amending the judgment, because Merkoss claim remains barred by the doctrine of laches. Ordered by Judge Frederic Block on 7/25/2016. (Innelli, Michael)