Classic Touch Decor, Inc. v. Michael Aram, Inc.
| Classic Touch Decor, Inc. |
| Michael Aram, Inc. |
| Classic Touch Decor, Inc. |
| Michael Aram, Inc. |
| 1:2015cv00453 |
| January 29, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Nicholas G. Garaufis |
| Roanne L. Mann |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| Plaintiff |
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Filing
57
ORDER granting 38 Classic Touch Decor's motion to dismiss Michael Aram's trade dress infringement claim without prejudice. As set forth in the accompanying Memorandum and Order, there is no doubt that Michael Aram's tableware pieces featuring three-dimensional, blooming orchids are the type of goods for which trade dress protection may be available. However, Michael Aram's articulation of the trade dress as it is currently stated in the Amended Counterclaim is impermissib ly vague and fails to provide proper notice to Classic Touch and to the court as to the scope of the trade dress claimed. Accordingly, Michael Aram's trade dress infringement claim is DISMISSED WITHOUT PREJUDICE. In addition, the court amends the Scheduling Order and GRANTS Michael Aram leave to amend its allegations pertaining to the trade dress infringement claim; Michael Aram shall file a Second Amended Counterclaim, if any, within fourteen (14) days of the date of entry of this Memorandum and Order. Ordered by Judge Nicholas G. Garaufis on 10/23/2015. (Goldstein, Ryan)
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Filing
53
MEMORANDUM AND ORDER re 50 Letter MOTION for Discovery Dispute filed by Classic Touch Decor, Inc. The Court resolves the remaining issues in plaintiff's motion. Ordered by Magistrate Judge Roanne L. Mann on 9/8/2015. (Williams, Jennifer)
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