Applied Elastomerics, Inc. v. Z-Man Fishing Products, Inc.

ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT’S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT

CLAUDIA WILKEN, District Judge.

Plaintiff Applied Elastomerics, Inc. moves for summary judgment on several issues. Defendant Z-Man Fishing Products, Inc. opposes Plaintiffs motion and cross-moves for partial summary judgment. Plaintiff opposes Defendant’s cross-motion. The matter was heard on September 20, 2007. Having considered all of the parties’ papers and oral argument, the Court grants Plaintiffs motion in part and grants Defendant’s motion.

BACKGROUND

Plaintiff…