Wednesday, January 03, 2007 10:35:37 AM
The Lanham Act is a federal law. All the other new "causes of action" , as plead, such as the alleged violation of the Delaware Deceptive Trade Practices Act are based on State law.
Nok will now try and manipulate the facts to create a violation of laws other than Lanham to sustain the case and avoid the MSJ as plead.(also, if just allows it to be filed)
If allowed to amend, they will defeat the MSJ as it is worded. However, after the facts supporting the new claims come out through discovery, we can amend our MSJ to include the new "causes of action" and possibly still get them thrown out. Way to early to tell at this point until we see some more pleadings, discovery, etc.
IMO Ghors
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