FEDERAL PHARMACAL SUPPLY, INC. v. Murry

ORDER DISMISSING COUNTERCLAIM

COLLINSON, District Judge.

This is an action for copyright infringement, trademark infringement and unfair competition. Plaintiffs seek an accounting, damages, and injunctive relief. Defendants have counterclaimed for abuse of process. Plaintiffs have moved the Court to dismiss the counterclaim under Rule 12(b)(6), F.R.Civ.P. for failure to state a claim upon which relief can be granted. Plaintiffs’ motion to dismiss will be granted.

Defendants allege in their counterclaim that plaintiffs instituted this action for three illegal and abusive purposes: (1) to harass…