Radisson Hotels International, Inc. v. Majestic Towers, Inc.

ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION [16]

I. INTRODUCTION

Plaintiff Radisson Hotels International, Inc. (“Plaintiff’ or “Radisson”) filed the instant lawsuit against Majestic Towers, Inc. (“Majestic”), The Lee 2003 Family Trust (“Lee Trust”), and Leo Y. Lee (collectively referred to as “Defendants”), on August 9, 2006. Plaintiff has raised six causes of action: (1) breach of contract— past due fees; (2) breach of contract— liquidated damages; (3) breach of contract — failure to discontinue use of marks; (4) trademark infringement under 15 U.S.C. § 1114 ; (5) federal unfair competition under 15 U.S.C. § 1125 (a); and (6) federal trademark dilution under 15 U.S.C. § 1125 (c). The case is before this Court pursuant to 28 U.S.C. §§ 1331 , 1338, and 1367.

Radisson is a Delaware corporation, with its principal place of business in Minnesota, and is a well-known licensor of guest lodging systems. Majestic is a California corporation, with its principal place of business in Los Angeles, and it is in the business of owning, operating, and managing hotel properties. The' Lee Trust is organized under California law, and has its principal place of business in…