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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA


ATLANTA DIVISION

THE FLAG COMPANY, INC., a §


Georgia Corporation §
§
Plaintiff §
§
v. §
§
CIVIL ACTION FILE NO.
STEVEN A. CHAN, LLC (d/b/a FIVE §
1:09-cv-01880-CAP
STAR FLAGS and/or VIA5), a §
California Limited Liability Company, §
and STEVEN A. CHAN, a California §
resident, §
§
Defendants. §
§

PLAINTIFF S MOTION FOR SUMMARY JUDGMENT


ON ITS CLAIM FOR TRADEMARK INFRINGEMENT

Plaintiff The Flag Company, Inc. ( Plaintiff ) files this Motion for Summary

Judgment on its Claim for Trademark Infringement, showing the Court as follows:

Plaintiff filed this lawsuit against one of its former customers, Defendants

Steven A. Chan ( Chan ), and his company, Steve A. Chan, LLC ( Chan LLC )

(collectively with Chan, Defendants ). After buying products from Plaintiff

branded under Plaintiff s federally-registered trademark, Defendants adopted the

Mark as their own to sell identical products, to identical customers, and through

identical marketing and trade channels. Plaintiff wishes to put an end to

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Defendants infringement and to be compensated for the harm and expense this

infringement has caused. Therefore, Plaintiff respectfully requests that the Court

grants its Motion and enter summary judgment.

In support of this Motion, Plaintiff submits its Memorandum of Law,

Statement of Material Facts as to which There is No Genuine Issue of Fact to Be

Tried, and the Declaration of Vicki Lawrence.

Dated this 28th day of May, 2010.

Respectfully submitted,

ARNALL GOLDEN GREGORY, LLP

/s/ J. Tucker Barr


________________________________
Scott E. Taylor
Georgia Bar No. 785596
J. Tucker Barr
Georgia Bar No. 140868

Suite 2100
171 17th Street, N.W.
Atlanta, Georgia 30363
(404) 873-8624
(404) 873-8625 (facsimile)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

THE FLAG COMPANY, INC., a §


Georgia Corporation §
§
Plaintiff §
§
v. §
§
CIVIL ACTION FILE NO.
STEVEN A. CHAN, LLC (d/b/a FIVE §
1:09-cv-01880-CAP
STAR FLAGS and/or VIA5), a §
California Limited Liability Company, §
and STEVEN A. CHAN, a California §
resident, §
§
Defendants. §
§

CERTIFICATE OF SERVICE

This is to certify that I have this day electronically filed the foregoing

PLAINTIFF S MOTION FOR SUMMARY JUDGMENT ON ITS CLAIM FOR

TRADEMARK INFRINGEMENT with the Clerk of Court using the CM/ECF

system, and further certify that I have this day served Defendants with same by

placing a copy in the United States mail, first class, addressed to:

Steven A. Chan, LLC


Attn: Steven A. Chan, Registered Agent
720A Center Street
Costa Mesa, California 92627

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Steven A. Chan
720A Center Street
Costa Mesa, California 92627

Dated this 28th day of May, 2010.

/s/ J. Tucker Barr


________________________________
J. Tucker Barr
Georgia Bar No. 140868

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