Days Inns of America, Inc. v. P & N Enterprises, Inc.

RULING ON MOTION FOR SUMMARY JUDGMENT

THOMPSON, District Judge.

The plaintiff, Days Inns of America, brings this diversity action against defendants P & N Enterprises and Paul Yeh, a guarantor, seeking damages for trademark infringement, breach of contract and unjust enrichment. The plaintiff has moved for summary judgment on count five of the complaint, which sets forth a claim for liquidated damages for early termination of the parties’ contract. For the reasons set forth below, the plaintiffs motion for partial summary judgment is being granted.

I. Facts

The plaintiff, Days Inns of America…