M E M O R A N D U M O P I N I O N
This matter is before the Court on Plaintiff’s and Third-Party Defendants’ Motion for Partial Summary Judgment [Dkt. 123](“Plaintiff’s Motion”) and Defendants’ Motion for SummaryJudgment [Dkt. 114] (“Defendants’ Motion”)(collectively, “theMotions”). For the following reasons, this Court will rule onthe Motions as follows.
This case arises out of a business dispute involvingalleged acts of trademark and trade name infringement, as wellas breach of contract.A. The PartiesPlaintiff East West, LLC (“East West”) sells Jamaican andSouth Asian-themed food products in the Washington, D.C.metropolitan area and surrounding communities. (Second AmendedComplaint (“SAC”) [Dkt. 59] ¶ 2.) Third-Party Defendants NaeemZai and Mohammad Sadiq are East West’s President and VicePresident, respectively. Defendant Caribbean Crescent, Inc. isa Virginia Corporation that advertises and sells a variety ofJamaican, Indian, Asian and other food products. Defendant ShahRahman is President of Caribbean Crescent, Inc.B. Factual BackgroundIn June 2003, Plaintiff East West and Third-PartyDefendants (collectively, the “Buyers”) entered into an
Case 1:11-cv-01380-JCC-TCB Document 180 Filed 09/13/12 Page 2 of 53 PageID# 4236