ACU Development, LLC v. Modern Point, LLC

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 19-cv-01063-MEH ACU DEVELOPMENT, LLC, Plaintiff, v. MODERN POINT, LLC, Defendant. ORDER Michael E. Hegarty, United States Magistrate Judge. Before the Court is Defendant Modern Point, LLC’s Motion to Dismiss (“Motion”) (ECF 21). The matter is fully briefed, and oral argument would not materially assist the Court. For the reasons stated below, the Court will grant the Motion in part and deny it in part. Background This case arises out of a trademark dispute between the parties. Plaintiff (or “ACU”) is the owner…