Polo Fashions, Inc. v. Diebolt, Inc.

MEMORANDUM AND ORDER

EARL E. O’CONNOR, Chief Judge.

This matter is before the court on plaintiff’s motions to modify the pre-trial order and for summary judgment. This is an action by Polo Fashions, Inc. [hereinafter Polo] for trademark infringement, false designation of origin and description, and unfair competition against Diebolt, Inc., d/b/a Diebolt Clothing Store [hereinafter Diebolt], for selling counterfeit shirts styled, manufactured and sold by plaintiff.

I. Motion for Summary Judgment.

Plaintiff moves for summary judgment against Diebolt on the issue of liability pursuant to Rule 56 of…