Reynolds Consumer Products Inc. v. Handi-Foil Corporation, No. 1:2013cv00214 - Document 164 (E.D. Va. 2014)

Court Description: MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 2/27/14. (dper)

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FEB 2 7 20!/1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA CLERK, U.S. DISTRICT COURT Alexandria Division ALEXANDRIA. VIRGINIA Reynolds Consumer Products, Inc. ' Plaintiff, ) ) ) v- Handi-Foil Corporation, Civil Action No.:13-cv-214 | Defendant. ) ) MEMORANDUM OPINION On August 28, 2013, Reynolds Consumer Products, Inc. ("Reynolds") filed its Second Amended Complaint against Handi-Foil Corporation ("Handi-Foil"). The Complaint contained eight counts and alleged that Handi-Foil had infringed Reynolds' registered trademarks and its common law trade dress rights in violation of the Lanham Act. Reynolds also accused Handi- Foil of false advertising. In its Answer Handi-Foil asserted two counterclaims seeking (i) cancellation of Reynolds' trademark registrations on the basis of abandonment, and (ii) declaratory judgment of non-infringement. Currently before the Court are multiple pretrial motions. Both parties have submitted motions for partial summary judgment with respect to Handi-Foil's abandonment counterclaim. Handi-Foil has also moved for partial summary judgment with respect to Reynolds' false advertising claim. The parties have both filed motions to strike the opposing party's expert. Finally, Handi-Foil has moved to strike Reynolds' jury demand. The Court held argument on the motions all of which were extensively briefed and vigorously opposed in open court on January 10, 2014. For the reasons stated below, the Court

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