USLIFE Corp. v. U.S. Life Insurance

ORDER

ROBERT" M. HILL, District Judge.

This matter comes before the Court upon the defendant U.S. Life Insurance Company’s motions to dismiss and to preclude testimony. In this action, plaintiffs USLIFE Corporation et al. have alleged claims of service mark infringement and unfair competition under the Lanham Act, 15 U.S.C. § 1051 et seq., and under state common law. The defendant has presented three grounds upon which it has asserted that some or all of the claims against it should be dismissed. First, defendant contends that plaintiffs are judicially estopped from maintaining the position…