Colonial Life & Accident Insurance v. American Family Life Assurance Co.

ORDER

SHEDD, District Judge.

Plaintiff has filed this action seeking declaratory and injunctive relief concerning its federally registered servicemark “THE LEADER IN PAYROLL MARKETING.” This matter is now before the Court pursuant to Rule 56 of the Federal Rules of Civil Procedure for resolution of plaintiffs motion for partial summary judgment as to its first cause of action, which seeks a declaration that its use of the servicemark is not actionable as false advertising under the Lanham Act; and as to defendant’s first, second, fourth, and fifth counterclaims, which respectively assert claims…