AM General Corp. v. DaimlerChrysler Corp.

MEMORANDUM AND ORDER

MILLER, Chief Judge.

General Motors seeks summary judgment on the trademark infringement counterclaims that DaimlerChrysler brought against it for using a vertically-slotted grille in the H2. The crux of GM’s argument is that DaimlerChrysler is foreclosed as a matter of law — the law created by this court in its preliminary injunction ruling and the law of the contract — from challenging GM’s use of the grille. Daimler- Chrysler rejects the notion that the court’s ruling at the preliminary injunction stage is a proper basis for summary judgment and renews its arguments…