Springboards to Educ., Inc. v. Hous. Indep. Sch. Dist.

285 F. Supp. 3d 989
District Court, S.D. Texas·Decided January 22, 2018·No. Civil Action No. H–16–2625·Published·Cited by 3 cases

Opinion

DAVID HITTNER, United States District Judge

Pending before the Court are Houston Independent School District's Motion for Summary Judgment and Plaintiff Springboards to Education, Inc.'s Motion for Summary Judgment. Having considered the motions, submissions, and applicable law, the Court determines Houston Independent School District's motion for summary judgment should be granted and Springboards to Education Inc.'s motion for summary judgment should be denied.

I. BACKGROUND

This is a trademark infringement case. Plaintiff Springboards to Education Inc. ("Springboard") is a Texas corporation that designs, markets, and sells reading and other education-related products and programs. Springboard owns multiple federally registered trademarks related to its products and programs ("Springboard's Marks"). Defendant Houston Independent School District ("HISD") is a Texas independent school district. From 2008 to 2013, HISD offered a free summer reading program to HISD students called the Houston ISD Millionaire Club (the "Millionaire Club"). Springboard alleges HISD used multiple products and services in connection with the Millionaire Club that infringed on Springboard's Marks.

Based on the foregoing, on August 29, 2016, Springboard filed this lawsuit against HISD1 alleging trademark infringement, trademark counterfeiting, trademark dilution, unfair competition, and unconstitutional takings under Texas and federal laws. On September 20, 2016, the Court dismissed Springboard's state law claims for trademark dilution, trademark infringement, and unfair competition. Only Springboard's federal Lanham Act claims and state and federal takings claims remain. On October 2, 2017, HISD and Springboard cross-moved for summary *992judgment on Springboard's federal Lanham Act claims.

II. STANDARD OF REVIEW

Summary judgment is proper when "there is no genuine dispute as to any material fact and the movant is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(a). The court must view the evidence in a light most favorable to the nonmovant. Coleman v. Hous. Indep. Sch. Dist. , 113 F.3d 528, 533 (5th Cir. 1997). Initially, the movant bears the burden of presenting the basis for the motion and the elements of the causes of action upon which the nonmovant will be unable to establish a genuine dispute of material fact. Celotex Corp. v. Catrett , 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The burden then shifts to the nonmovant to come forward with specific facts showing there is a genuine dispute for trial. See Fed. R. Civ. P. 56(c) ; Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). "A dispute about a material fact is 'genuine' if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Bodenheimer v. PPG Indus., Inc. , 5 F.3d 955, 956 (5th Cir. 1993) (citation omitted).

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Springboards to Educ., Inc. v. Hous. Indep. Sch. Dist., 285 F. Supp. 3d 989 (S.D. Tex. 2018).

285 F. Supp. 3d 989 (Springboards to Educ., Inc. v. Hous. Indep. Sch. Dist.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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