Cascade also argues that any delay in filing should be analyzed under laches principles, not statute of limitations. Adam Varley and Maureen Reitman are KFI's experts who performed qualitative and quantitative analysis on the yarns at issue in this case. As noted above, Cascade has opposed the motion by arguing that. 152, ¶ 37, Exs. Id., ¶¶ 44–47. 72–76. Store your masterpiece carefully; it may one day be a timeless family heirloom. The Court has reviewed the contested portion of the declaration in ¶ 2, together with the cited portions of Mr. Casale's deposition, and finds that the declaration does not constitute a sham affidavit. Plaintiff Cascade Yarns, Inc., (“Cascade”) sells luxury yarns, some of them a blend of wool with other natural fibers, including kid mohair, silk, and cashmere. Other yarns, according to Langley's analysis, contained cashmere, but in substantially lesser amounts than stated on KFI's labels.

# 726, Exhibit D, p. 4. eMove Inc. v. SMD Software Inc., 2012 WL 1379063 at *7 (D.Ariz.2012) (citing Southland Sod Farms, 108 F.3d at 1139 (citations omitted)). # 726, Exhibit F, p. 3. # 724, p. 5. Citation.

Dkt. Cascade asserts in its opposition to the KFI defendants' own motion for summary judgment on the CPA claim that the converse is not true. The attached exhibit, Exhibit 6 to the deposition, is a memo from a Designer Yarn representative to Mr. Elalouf which poses a series of questions and proposals based on test results from SGS showing “a fibre content of 55% wool, 40% acrylic, 5% cashmere.” Dkt. The motion to strike the declarations of Dubray and Roberts is therefore denied as moot. Some exhibits were filed under seal at Dkt.

Defendants have moved for summary judgment on the state law claims on the basis that they are based on the same conduct as the Lanham Act claims and substantially congruous with those claims. Thus according to V.V.G., the laboratory tests validated that the total cashmere was 10%, not the 6.4% specifically identified as cashmere. 51–52. "I am using words that people from both sides of this 'debate' use. Admit that, following Wortman's review of fiber tests of your Cashmerino yarns, information in your possession led you to believe on or around November 7, 2006 that the consensus of fiber tests on Cashmerino yarns revealed that those yarns contained 5% cashmere.
See, Order on Motion to Exclude Expert Kenneth Langley, Dkt. The Court need not reach the questions of standing, preemption or time bar, as KFI has also asserted that Cascade has not established the essential elements of a Lanham Act claim, starting with the first element, falsity.

The complaint also alleges that Mr. Elalouf “discovered” the “0%” cashmere Cashmerino in 2000 or 2001, and introduced it into the U.S. yarn market under the Debbie Bliss label in 2001. Bliss and Opperman became aware [in 2006] that the Accused Yarns were potentially mislabeled. The mercerization process boots the fiber's strength, shrink resistance, color depth and luster. The parties have filed cross-motions for summary judgment on the four remaining claims, as set forth above. 56(a). # 757, pp. # 726, Exhibit Q. Cascade also cites to Exhibit R, without any specific page citation, as support for its claim regarding mislabeling. Thank you for participating in the 2020 2019-2020 Knitterati Diagonal Afghan KAL as we knitted together as a community of creative fiber artists using 220 Superwash® Merino for the afghan. 3–4. Cascade Yarns does not agree with the positions that she expressed in her personal social media accounts or endorse them in any way. Dkt.

See, e.g., Dkt. Ao continuar com a navegação em nosso site, você aceita o uso de cookies. May 11, 2010). Dkt. Designer Yarns denies that the Cashmerino yarns are incorrectly labeled.


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