United States District Court Eastern District of New
Case 2:05-cv-00529-JO Document 58 Filed 03/22/07 Page 1 of 36 PageID #: <pageID> UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------X IMIG, INC., Plaintiff, MEMORANDUM AND ORDER - against - CV 05-0529 (JO) ELECTROLUX HOME CARE PRODUCTS, LTD., Defendant. ----------------------------------------------------------X JAMES ORENSTEIN, Magistrate Judge: Plaintiff Imig, Inc. ("Imig") accuses defendant Electrolux Home Care Products, Ltd. ("Electrolux") of improperly disparaging its products – commercial vacuum cleaners known as the "Perfect P101" and "Perfect P102" (collectively, the "Perfects") – by telling people in their shared industry that the latter are unlawful copies of Electrolux's own vacuums – the "Sanitaire" models 866 and 899 (collectively, the "Sanitaires"), respectively – and thereby interfering with Imig's business relationships. Docket Entry ("DE") 1. Electrolux has responded with counterclaims charging that Imig and its distributor, Nationwide Sales & Service, Inc. ("Nationwide") (collectively, "I&N") deliberately and unlawfully imitated the design of its Sanitaire vacuum cleaners and distributed as its own verbatim copies of the relevant Owner's Guide. DE 5. Both sides now seek summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Specifically, I&N ask for summary judgment in their favor on all of Electrolux's claims against them but do not ask that I enter judgment on their own affirmative claims against Electrolux. Electrolux has cross-moved for summary judgment in its favor on all of the claims in this case, both defensively with respect to Imig's claims against it, and offensively with respect to its counterclaims. For the reasons explained below, I grant Electrolux's motion in part and deny it in part, and I deny Imig's motion in its entirety.
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