Orion's Belt, Inc. v. Kayser-Roth Corp.

ORDER

STECKLER, Chief Judge.

This matter is before the Court on defendant’s assertion in its Amended Answer of an affirmative defense and plaintiff’s response in the form of a Motion to Strike Defendant’s Fourth Affirmative Defense. The Fourth Defense states that the allegations of Count III of plaintiff’s complaint fail to state a claim upon which relief can be granted and will be treated as a motion to dismiss Count III of plaintiff’s complaint.

Plaintiff alleges that defendant caused national advertising which depicted a leath er belt manufactured by plaintiff to be circulated to the retail…