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Try CasePortal for FreeJ. Tunheim grants the taco restaurant chain's partial motion for summary judgment and denies its competitor's motion for summary judgment in a suit brought by the chain alleging trademark infringement, partially grants the chain's motion to exclude expert testimony and denies its motion to strike the competitor's reply memorandum to the motion for summary judgment. The expert is arguably an expert on traditional Mexican cuisine and its distinctions from Tex-Mex cuisine, and therefore may testify on those topics. She may not testify as to whether consumers may prefer one over the other or whether they may confuse the two cuisines. The competitor's abuse of process counterclaim, which alleges that this suit was brought with the ulterior motive of intimidating and embarrassing the competitor, is dismissed for lack of evidence demonstrating the existence of such a motive. The chain's trademark claims also survive summary judgment, since the chain's mark is strong, the chain has introduced evidence of confusion and a jury could find that the marks and products offered are similar, that this similarity was intentional, that ordinary consumers are likely to buy the competitor's food believing that it was the chain's, and that the competitor's use of the disputed marks could dilute the chain's marks.