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Asc Profiles, Inc., A Delaware v. Fabral

August 29, 2011

ASC PROFILES, INC., A DELAWARE
CORPORATION, PLAINTIFF,
v.
FABRAL, INC., A DELAWARE CORPORATION, DEFENDANT.



ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND MOTION FOR A MORE DEFINITE STATEMENT

This matter comes before the Court on Defendant Fabral, Inc.'s ("Defendant") Motion to Dismiss, in part, and Motion for a More Definite Statement (Doc. #10). Plaintiff ASC Profiles, Inc. ("Plaintiff") timely filed a statement of non-opposition (Doc. #21), in accordance with Local Rule 230(c), and clarified the scope of Count III of its Complaint (Doc. #2).*fn1

After carefully considering the papers submitted in this matter, it is hereby ordered that Defendant's Motion to Dismiss, in part, and Motion for a More Definite Statement is GRANTED, as 2 follows:

1. Plaintiff's claims in Count III for trademark 4 infringement under Alaska Stat. § 45.50.180, Cal. Bus. & Prof. Code § 14245, O.C.G.A. § 10-1-451(a), and Mass. Gen. Laws Ann. 110H § 12 6 are dismissed with prejudice;

2. Plaintiff's claims in Count III for trademark dilution 8 under the Alaska Stat. § 45.50.180 and Conn. Gen. Stat. Ann. § 35-9 11i(c) are dismissed with prejudice;

3. Plaintiff's prayer for profits and damages in Count III under Del. Code Ann. Title 6 § 3313, La. Rev. Stat. Ann. § 51:223.1, Me. Rev. Stat. Ann. 10 § 1530, Mo. Ann. Stat. § 417.06(1), N.H. Rev. Stat. § 350-A:12, N.Y. Gen. Bus. Law § 360-l, R.I. Gen. Laws 6-2-12, and Tex. Bus. & Com. Code Ann. § 16.29 are dismissed with prejudice;

4. Plaintiff's claim under "Count V" for dilution under the common law of California is dismissed with prejudice; and

5. Plaintiff's claims under Count III are only asserted under the state statutes listed in paragraph 37 of its Complaint.

IT IS SO ...


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