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Chevron Intellectual Property LLC v. Golden Oil Co.

April 27, 2010

CHEVRON INTELLECTUAL PROPERTY LLC, AND CHEVRON U.S.A., INC., PLAINTIFFS,
v.
GOLDEN OIL COMPANY, DEFENDANT.



The opinion of the court was delivered by: Ambrose, District Judge

OPINION and ORDER OF COURT

SYNOPSIS

Defendant, Golden Oil Company, has filed a Motion to Dismiss the Amended Complaint filed by Plaintiffs, Chevron Intellectual Property, LLC and Chevron U.S.A., Inc., pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Docket No. 25). Plaintiffs have filed a Brief in Opposition and Defendant has filed a Reply thereto. (Docket Nos. 27 and 28). As set forth more fully below, after careful consideration of the Motion and related filings, said Motion (Docket No. 25) is denied.

OPINION

I. Background

Defendant, once operated two licensed and authorized TEXACO - branded service stations. By June 30, 2006, Defendant was no longer selling or supplying authentic TEXACO products and was no longer an authorized licensee of the Texaco marks, owned by Chevron Intellectual Property LLC. Chevron U.S.A. is the primary licensee of the same. Plaintiffs allege that Defendant continued to use Texaco marks and trade dress through January 29, 2010. As a result, Plaintiffs filed this action. The Amended Complaint contains seven counts:

Count I - Infringement of Federally Registered Trademarks, 15 U.S.C. §1114

Count II - Infringement of Common Law Trademark Rights, 15 U.S.C. §1125(a)

Count III - Infringement of Common Law Trademark Rights - Trade Dress, 15 U.S.C. §1125(a)

Count IV - Trademark Dilution, 15 U.S.C. §1125(c)

Count V - Trademark Counterfeiting, 15 U.S.C. §1114(1)(A)

Count VI - Violation of Pennsylvania Trademark Act, 54 Pa. C.S. §1101, et seq.

Count VII - Violation of Pennsylvania Common Law of Unfair Competition.

(Docket No. 22). Defendant filed a Motion to Dismiss the Amended Complaint. (Docket No. 25). The briefing for the same is complete and ...


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