Cotton Ginny, Ltd. v. Cotton Gin, Inc.

ORDER

MARCUS, District Judge.

THIS CAUSE has come before the Court pursuant to cross-motions for summary judgment brought by the Plaintiff, Cotton Ginny, Ltd. (“Cotton Ginny”) and the Defendants, Cotton Gin, Inc., and Cotton Gin Kids, Inc. (collectively “Cotton Gin”). Plaintiff contends that the Defendants’ unauthorized use of the mark “Cotton Gin” and imitation of Cotton Ginny trade dress constitute violations of sections 32(1) and 43(a) of the Lanham Act, 15 U.S.C. §§ 1114(l)(a), 1125(a) (1982), as well as § 495.151 of the Florida Statutes and common law rights. Defendants have counterclaimed…