Suh

ORDER' DENYING CROSS-MOTIONS FOR SUMMARY JUDGMENT AND FINDING THAT “KUK SOOL” IS A GENERIC TERM THAT REFERS TO A TYPE OF MARTIAL ART

I. INTRODUCTION

On September 29, 1997, Defendant- Choon Sik Yang (“Yang”) filed motions for (1) summary judgment on Count 1 and for partial summary judgment on Counts 3 and 4 of In Hyuk Suh’s (“Suh”) complaint on the grounds that Plaintiffs federally registered logo trademark is generic and that there is no likelihood of confusion between Plaintiffs and Defendant’s graphic marks (“the Logo Mark issue”) ; and (2) summary judgment on Count 2 and partial summary judgment on Counts 3 and 4 on the grounds that the terms “KUK SOOL” and “KUK SOOL WON” are generic and that there is no likelihood of confusion between Plaintiffs marks and Defendant’s use of the mark “INTERNATIONAL KUK SUL FEDERATION” (“the Word Mark issue”). On September 30, 1997, Plaintiff Suh filed a motion for summary judgment for all claims asserted in his complaint. In response to this motion, Yang filed a counter-motion for summary judgment, contending that Suh’s claims are barred by laches, and that his unfair competition claim is barred by the statute of limitations. For the reasons…