IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
June 19, 2012
AMERIGAS PROPANE, L.P., PLAINTIFF,
CORP. D/B/A PISSEDCONSUMER.COM, DEFENDANT.
The opinion of the court was delivered by: Ronald L. Buckwalter, S.J.
AND NOW, this 19th day of June, 2012, upon consideration of Defendant Opinion Corp. d/b/a PissedConsumer.com's Motion to Dismiss (Docket No. 5), Plaintiff Amerigas Propane, L.P.'s Response in
Opposition (Docket No. 7), and Defendant's Reply Brief (Docket No. 8), it is hereby ORDERED as follows:
1. Defendant's Motion to Dismiss Counts I, II, III, IV, and VII is GRANTED IN PART and DENIED IN PART as follows:
a. Defendant's Motion to Dismiss on the grounds that Plaintiff fails to allege the use of "AMERIGAS" as a trademark is DENIED;
b. Defendant's Motion to Dismiss on the grounds that its nominative use of Plaintiff's trademark is fair is DENIED;
c. Defendant's Motion to Dismiss on the grounds that the Complaint fails to allege likelihood of confusion is DENIED;
d. Defendant's Motion to Dismiss on the grounds that the doctrine of initial interest confusion does not apply is DENIED;
e. Defendant's Motion to Dismiss any claim premised on a theory of contributory infringement is GRANTED,and Plaintiff is precluded from seeking to hold Defendant contributorily liable for the claims made in Counts I, II, III, IV, and VII;
2. Defendant's Motion to Dismiss Counts IV, V, and VI pursuant to 47 U.S.C. § 230 is DENIED.
BY THE COURT:
Ronald L. Buckwalter
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