Digby Adler Group LLC v. Image Rent a Car, Inc.

ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

I. INTRODUCTION

Now before the Court are two motions for summary judgment. One is brought by Plaintiff Digby Adler Group, LLC. ECF No. 122 (“Pl.’s Mot.”). The other is brought by Defendant Gad Sebag. ECF No. 134 (“Sebag Mot.”). Both motions are *1099 fully briefed, 1 and the Court deems them suitable for disposition without oral argument pursuant to Civil Local Rule 7 — 1(b). For the reasons set forth below, Plaintiff Digby Adler Group, LLC’s motion for summary judgment is GRANTED in part and DENIED in part, and Defendant Gad Sebag’s motion for summary judgment is DENIED.

II. BACKGROUND

A. Factual Background

Plaintiff Digby Adler Group, LLC (“Dig-by”) has operated a van rental service under the name Bandago, LLC (“Banda-go”) through its website, bandago.com, since 2003. ECF No. 124 (“Laguana Decl.”) ¶¶ 1-2. On August 31, 2010, the United States Patent and Trademark Office (“P.TO”) issued federal trademark registration number 3839689 to Digby for the BANDAGO mark. ECF No. 123 (“Rosen-feld Deck”) Ex. 18.

The defendants in this matter are two individuals- — Gad Sebag and Schneior Zil-berman — and two companies — Image Rent A Car, Inc.…