Bell v. Harley Davidson Motor Co.
Opinion
Opinion
Sammartino, J.
ORDER (1) GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, (2) DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, and (3) GRANTING JOINT MOTION TO VACATE SCHEDULING ORDER
Presently before the Court are cross-motions for summary judgment by plaintiff Craig R. Bell (Doc. No. 92) and defendants Harley-Davidson Motor Company and HD Michigan, Inc. (together, “Harley-Davidson”) (Doc. No. 102), along with a joint motion to vacate the Court’s prior Scheduling Order and set new pretrial dates (Doc. No. 182). Both plaintiff and defendants seek summary judgment on all seven counts of the complaint. Bell has not established the elements of federal trademark infringement as a matter of law, and the fair use defense bars such a cause of action. All of Bell’s remaining claims are either dependent on the cause of action for federal trademark infringement or not cognizable, as a matter of law. Therefore, the Court grants Harley-Davidson’s motion and denies Bell’s motion. To give the parties adequate time to prepare for trial on Bell’s remaining counterclaims, the Court grants the joint motion to vacate the prior Scheduling Order and sets new pretrial dates.