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Fisher Tooling Company, Inc. d/b/a Astro Pneumatic Tool Company, Counterclaimant, v. M. Eagles Tool Warehouse, Inc. d/b/a SG Tool Aid Corp., Automoti

ORDER

JOSEPH A. BREENAWAY, JR., United States District Judge

These matters having come before the Court on the motions of Plaintiff' Counterclaim Defendant M. Eagles Tool Warehouse, Inc. d/b/a SG Tool Aid Corp. ("SG"), Defendant Steven Fisher, in his individual capacity ("Fisher"), and Defendant/Counterclaim Plaintiff Fisher Tooling Company, Inc. d/b/a Astro Pneumatic Tool Company ("Astro"); and the Court having considered the submissions of the parties; and for the reasons set forth in the accompanying opinion;

IT IS

ORDERED that Defendant Fisher's motion to dismiss, pursuant to FED. R. Civ. P. 12(b)(2), for lack of personal jurisdiction is GRANTED; and

IT IS FURTHER ORDERED that Astro's motion for summary judgment as to SG's (a) tortious interference with contractual relations claim, and (b) false marking claim, pursuant to 35 U.S.C. § 292 is GRANTED; and

IT IS FURTHER ORDERED that Astro's motion for summary judgment as to SG's (a) unfair competition claims (both at common law and pursuant to the New Jersey Fair Trade Act), and (b) tortious interference with prospective economic advantage claim is DENIED; and

IT IS FURTHER ORDERED that SG's cross-motion for summary judgment as to its (a) § 43(a) Lanham Act claim, (b) attorneys' fees claim, pursuant to 35 U.S.C. § 285, (c) unfair competition claim (both at common law and pursuant to the New Jersey Fair Trade Act), and (d) tortious interference with a prospective business advantage claim is GRANTED; and

IT IS FURTHER ORDERED that SG's cross-motion for summary judgment as to its false marking claim is DENTED; and

IT IS FURTHER ORDERED that SG shall submit any support for a specific award of attorneys' fees by June 21, 2002. Astro shall have until July 12, 2002 to submit papers in opposition; and

IT IS FURTHER ORDERED that a copy of this Order be served on all parties within seven (7) days of the date of this Order.

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M. EAGLES TOOL WAREHOUSE, INC. v. FISHER TOOLING CO., INC. (D.N.J. 2002)
(May 31, 2002)