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TUFF-WALL, INC. v. SHERWIN-WILLIAMS COMPANY

Civil Action No. 2:13-CV-99-KS-MTP.

TUFF-WALL, INC., Plaintiff, v. SHERWIN-WILLIAMS COMPANY, Defendant.

United States District Court, S.D. Mississippi, Eastern Division.

April 3, 2014.

Attorney(s) appearing for the Case

Tuff-Wall, Inc., Plaintiff, represented by Paul H. Holmes , THE HOLMES LAW FIRM & Marcus A. McLelland , THE HOLMES LAW FIRM.

Sherwin-Williams Company, Defendant, represented by David W. Clark , BRADLEY ARANT BOULT CUMMINGS LLP, Andrew Hughes , PATTISHALL MCAULIFFE NEWBURY HILLIARD & GERALDSON, LLP, Bradley L. Cohn , PATTISHALL MCAULIFFE NEWBURY HILLIARD & GERALDSON, LLP, Simon T. Bailey , BRADLEY ARANT BOULT CUMMINGS LLP & Thad Chaloemtiarana , PATTISHALL MCAULIFFE NEWBURY HILLIARD & GERALDSON, LLP.

MEMORANDUM OPINION AND ORDER

KEITH STARRETT, District Judge.

For the reasons stated below, the Court grants in part and denies in part Defendant's Motion for Partial Judgment on the Pleadings [16]. The Court grants the motion with respect to Plaintiff's claim for infringement of a registered mark pursuant to 15 U.S.C. § 1114, but the Court denies the motion in all other respects.

I. BACKGROUND...

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