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Clearline v. Cooper B-Line - Joint Pre-Trial Order

Clearline v. Cooper B-Line - Joint Pre-Trial Order

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Published by slburstein
Clearline v. Cooper B-Line - Joint Pre-Trial Order
Clearline v. Cooper B-Line - Joint Pre-Trial Order

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Published by: slburstein on Jun 13, 2013
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06/19/2014

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J
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1IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF TEXASCLEARLINE TECHNOLOGIES LTD.,
Plaintiff 
,v.COOPER B-LINE, INC.,
 Defendant 
.§§§§§§§§§§ No. 4:11-cv-1420JURY DEMANDED
JOINT PRETRIAL ORDER1.
 
Appearance of CounselA.
 
Plaintiff:
Clearline Technologies, Ltd.1149 St. MatthewsWinnipeg, MB Canada R3G 0J8M. Ross CunninghamChristopher M. McDowellJohn P. PinkertonRose Walker, LLP3500 Maple Avenue, Suite 900Dallas, Texas 75219214.752.8600Robert D. KatzKatz, PLLC2908 Rosedale AvenueDallas, Texas 75205469.278.5999
Case 4:11-cv-01420 Document 128 Filed in TXSD on 09/24/12 Page 1 of 14
 
 
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Defendant
Cooper B-Line, Inc.509 West Monroe StreetHighland, IL 62249Robin L. HarrisonJohn L. DagleyCampbell Harrison & Dagley L.L.P.4000 Two Houston Center 909 Fannin StreetHouston, Texas 77010713.752.2332Mitchell C. ChaneyColvin, Chaney, Saenz & Rodriguez, LLP1201 East Van Buren – 78250P.O. Box 1155Brownsville, TX 78522956.542.7441
2.
 
Statement of the Case
This is a trade dress and trademark infringement case by Clearline Technologies, Ltd. againstCooper B-Line, Inc. Clearline claims that, since May of 2008, the yellow stripe and yellow on black color scheme of Cooper B-Line’s DURA-BLOK™ roof top support blocks have infringed on the trade dress of Clearline’s C-PORT® roof top support blocks. Clearline also claims thatCooper B-Line infringed the C-PORT® trademark by knowingly and improperly using that mark on its website and in a trade show catalog for 2009, 2010, and 2011. Clearline seeks to recover lost profits on its sales of C-Port products and Cooper’s profits due to the claimed infringement.Cooper B-Line denies that it has infringed Clearline’s trade dress or trademark, denies thatClearline has suffered any lost profits as a result of any alleged infringement, and denies thatClearline is entitled to any of its profits.
Case 4:11-cv-01420 Document 128 Filed in TXSD on 09/24/12 Page 2 of 14
 
 
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Motions
Plaintiff’s Motion in Limine is pending before the Court. Plaintiff may need to re-urgeits challenge as to Juan Herrera.Defendant’s Motion in Limine is pending.
4.
 
Exhibits
Plaintiff – See attached Exhibit 4-A.Defendant – See attached Exhibit 4-B.
5.
 
Witnesses
In the event that there are any other witnesses to be called at the trial, their names, addresses,and the subject matter of their testimony shall be reported to opposing counsel as soon asthey are known. This restriction shall not apply to rebuttal or impeaching witnesses, thenecessity of whose testimony cannot reasonably be anticipated before the time of trial.
A.
 
Plaintiff Burgreen, James
– Clearline will call Mr. Burgreen by deposition unless he is made available.Cooper Industries600 Travis Street, Suite 5600Houston, Texas 77002(713) 209.8400Mr. Burgreen is expected to testify as to certain matters pertaining to Cooper’s current and  previous websites, including the code for those website pages, search results, page/click metricsand generally the information contained in his deposition. The full extent of Mr. Burgreen’stestimony is contained within his deposition transcript, and Plaintiff reserves the right todesignate any or all of his deposition for trial.
Crain, Bob
– Clearline will call Mr. Crain by deposition unless he is made available.Director of Marketing/Product DevelopmentCablofil8319 State Route 4Mascoutah, IL 62258(618) 566-5850
Case 4:11-cv-01420 Document 128 Filed in TXSD on 09/24/12 Page 3 of 14

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