Denali Flavors, Inc. v. Marigold Foods, LLC (214 F. Supp. 2d 784, 2002)

OPINION

ENSLEN, District Judge.

Defendant Marigold Foods, L.L.C. has moved to dismiss or stay the instant action and to compel arbitration. This Motion has now been fully briefed and the Court determines that oral argument is unnecessary in light of the issues and legal briefing presented. See Local Civil Rule 7.2(d).

BACKGROUND

This action was filed on May 17, 2002. Plaintiff Denali Flavors, Inc.’s Verified Complaint alleges counts for trademark infringement (Count 1) and unfair competition/false designation (Count 2) under the Lanham Act relating to Defendant’s marketing of “knock off’ ice cream. More particularly, Plaintiff markets ice cream under the trademark Moose Tracks