Allied Artists International, Inc.
For the second time, United States District Judge Gary A. Feess has dismissed all counterclaims submitted by defendant Robert N. Rooks, in a fifty million dollar trademark infringement action brought by Allied Artists International against Rooks, two corporations and four codefendants last year. The Court previously granted a similar motion made by Allied Artists earlier this year, but allowed Rooks to file an amended counterclaim, provided Rooks produced contracts substantiating his claims. Rooks filed an amended counterclaim, producing a contract dating back nearly a decade. Judge Feess noted in a seven page order that Rooks’ “propounded theory ... makes no sense in view of the parties’ actual agreement,” and granted Allied Artists’ motion without leave to amend and with prejudice.
Having had all of his counterclaims dismissed with prejudice precludes Rooks from filing any additional counterclaims, and permits Allied Artists’ trademark infringement case to proceed to trial. Rooks’
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