Lee Myles Associates Corp. v. Paul Rubke Enterprises, Inc.
Opinion
Opinion
Lorenz, J.
ORDER
(1) GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS; AND
(2) GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO STRIKE
In this breach of contract and trademark infringement action, Plaintiff Lee Myles Associates Corp. claims that Defendants Paul Rubke Enterprises, Inc., Paul S. Rubke and Rilla R. Rubke breached a license agreement with Plaintiff for an automobile transmission servicing franchise and infringed on Plaintiffs trademarks, among other things. The court has federal question jurisdiction over the claims for trademark infringement, unfair competition, and false description pursuant to 15 U.S.C. §§ 1114 and 1125. The court has supplemental jurisdiction over the remaining state law claims.
Defendants filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) and strike pursuant to Rule 12(f), which Plaintiff opposed. Plaintiff stipulated to dismissal of its claim for injury to business reputation. For the reasons which follow, Defendants’ motions are granted in part and denied in part.
On April 19, 2003, Plaintiff entered into a License Agreement (“License”) with Defendants to grant them the right to use Plaintiffs…