Shell Trademark Management B v. v. Warren Unilube, Inc.

MEMORANDUM AND ORDER 1

KEITH P. ELLISON, District Judge.

Pending before the Court are the following motions:

— Motion to Exclude Testimony and Report of Dr. Linda L. Golden (Doc. No. 60) filed by Defendants Warren Unilube, Inc. and Warren Oil Company, Inc.;

— Defendants’ Motion for Summary Judgment (Doc. No. 61).; and

— Plaintiffs’ Motion for Summary Judgment on Nonfunctionality and Inherent Distinctiveness of its Rotella Trade Dress (Doc. No. 58). 2

Having considered the parties’ filings and the applicable law, the Court finds that Defendants’ Motion to Exclude should be denied; that Defendants’…