Associated Mills, Inc. v. Rush-Hampton Industries, Inc.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Associated Mills, Inc. (“Associated Mills”) has filed a multi-count Complaint against Rush-Hampton Industries, Inc. (“Rush-Hampton”):

1. Count I is brought under the Lanham Act, charging infringement of Associated Mills’ federally-registered “Pollenex” trademarks.

2. Count II asserts the federal version of commonlaw unfair competition under Lanham Act § 43(a), 15 U.S.C. § 1125(a).

3. Count III (asserting both diversity of citizenship and pendent jurisdiction) charges unfair competition and deceptive trade practices.

Rush-Hampton has both answered…