John C. Flood of Virginia, Inc. v. John C. Flood, Inc. ( 2010 )

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JOHN C. FLOOD OF VIRGINIA, INC., et ) aI, ) ) Plaintiff/Counter-Defendants, ) ) v. ) Civil Case No. 06-1311 (RJL) ) JOHN C. FLOOD, INC., et al., ) ) Defendants/Counter-Plaintiffs. ) ) ) ORDER AND PARTIAL FINAL JUDGMENT s1- For the reasons set forth in the Memorandum Opinion, it is this~ day of March, 2010, hereby ORDERED that 1996 Flood's Renewed Motion for Partial Summary Judgment [#65] is GRANTED; it is further ORDERED that judgment be entered for 1996 Flood on all claims in Virginia Flood's First Amended Complaint [#28]; it is further ORDERED that declaratory judgment be entered on Count 5 of 1996 Flood's Counterclaim [#9], that the 1996 Flood parties shall have priority over the Virginia Flood parties and shall have the exclusive right to use and register the trade name and service mark JOHN C. FLOOD and any other name or mark similar to JOHN C. FLOOD that, by colorable imitation or otherwise, is likely to cause confusion or mistake, and that no Virginia Flood party has the right to register or to use beyond the terms of its license the name and mark JOHN C. FLOOD or its abbreviated version FLOOD; and it is further ORDERED that Virginia Flood's Motion for Summary Judgment [#60] is DENIED. SO ORDERED. RICHARD J. LEON United States District Judge