Underwood et al v. Bank of America Corporation (1:18-cv-02329-RM-MEH)

ORDER. This service mark infringement lawsuit is before the Court on remand from the United States Court of Appeals for the Tenth Circuit. The sole issue now is whether Plaintiffs have raised a genuine issue of material fact as to their actual use of the E.R.I.C.A. mark before October 2016. The Court is not convinced there is evidence raising a genuine issue of material fact as to any of the three issues stated herein. However, the Court will provide an opportunity for supplemental briefing before ruling further. Accordingly, the parties may file for the Court's consideration supplemental briefs based on the Tenth Circuit's opinion on or before June 10, 2022. By Judge Raymond P. Moore on 5/10/2022. (trvo, )

ORDER granting (Document 74) Motion for Summary Judgment and denying as moot (Document 124) Motion for Hearing and (Document 130) Motion to Strike. Judgment shall enter accordingly. Entered by Judge Raymond P. Moore on 2/10/2020. (cpear)