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ACORP A-719 DRIVER
Investacorp v. Arabian Inv. Banking Corp.
United States District Court, S. September 5, Rudolph F. Howell, Jr.
Plaintiff, Investacorp, Inc. The case is before Acorp A-719 Court on cross motions for summary judgment filed pursuant to Rule 56 of the Federal Rules of Civil Procedure. Defendant Investcorp E.
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It provides investment Acorp A-719 advisory services in real estate, direct investment, portfolio investment, treasury and regional banking investment activities for a broad range of investors throughout the Gulf region. Defendant Investcorp International is a wholly-owned subsidiary of Investcorp E. In JuneInvestcorp E. Four months later, in OctoberInvestacorp sought registration of its mark "Investacorp", and in February, filed a Notice of Objection to Investcorp E. On the eve of trial and with discovery completed, both plaintiff and defendants moved for summary judgment.
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Plaintiff has moved for partial summary judgment as to its claims for service mark infringement. Simultaneously, Defendants have moved for an order granting summary judgment in their favor as to all claims asserted against them. The Court heard oral argument on these Acorp A-719 on August 29, The burden is on Acorp A-719 moving party to demonstrate the absence of a genuine issue as to any material fact. Keiser v. Coliseum Properties, Inc.
This burden "may be discharged by showing that is, pointing out to the District Acorp A-719 that there is an absence of evidence to support the nonmoving party's case. The burden then shifts to the nonmoving party to "go beyond the pleadings and Assuming there has been adequate time for discovery, summary judgment should then be entered against "a party who fails to make a showing sufficient to establish the existence of an essential element to that party's case, and on which that party will bear the Acorp A-719 of proof at trial.
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Plaintiff's Claims for Federal Common Law of Unfair Competition and Service Mark Infringement Initially, defendants argue that the federal common law claims of unfair competition and service mark infringement asserted by plaintiff in Counts II and III of the amended complaint do not state a claim and Acorp A-719 be dismissed because no such common law exists. Although plaintiff contends that there in fact exists a federal common law of service mark infringement and unfair competition, it has not cited a single Acorp A-719 case sustaining a claim for federal common law service mark infringement of unfair competition, and the Court's independent research did not reveal any.
At the federal level, the Lanham Act applies, and at the state level, both the common law of unfair competition and a network of statutory laws apply. Thus, while infringement of a federally unregistered trademark may give rise to causes of action under a Section 43 a for federal unfair competition, b state unfair competition common Acorp A-719, and c a state statute, it does not Acorp A-719 rise to causes of action for either federal common law unfair competition or service mark infringement. In sum, federal common law does not serve as a basis for service mark protection, and any development of such a body of law was arrested by Erie Railroad Co.
See also Skil Corporation v.
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Rockwell Int'l. Counts II and III of plaintiff's amended complaint must therefore be dismissed and summary judgment entered in favor of defendants as to those two counts.
To establish these claims, plaintiff must prove a protectible interest in the mark allegedly infringed. Conlin, F.
Abner's Int'l. Cayo Hueso, Ltd. Categorizing the Mark To ascertain whether plaintiff has a protectible property right in the term "Investacorp", the Court must first categorize it.
Acorp A-719 The cases have identified four categories of terms with respect to service mark protection:Acorp A drivers will help to correct errors and fix failures of your device. Download drivers for Acorp A for Windows 95, Windows ACORP A Sound driver download from brothersoft drivers.