FC Online Marketing, Inc. v. Burke's Martial Arts, LLC et al
| FC Online Marketing, Inc. |
| John Jacob Burke and Burke's Martial Arts, LLC |
| 2:2014cv03685 |
| June 11, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| William D. Wall |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| None |
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Filing
109
ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the reasons set forth herein, Magistrate Judge Locke's Report is accepted in its entirety and, for the reasons set for therein, defendants' motion for leave to file an amended answer and third party complaint is granted; defendants amended answer and third party complaint is accepted for filing nunc pro tunc; and FCOM's motion to strike the amended answer and third party complaint is denied. SO Ordered by Judge Sandra J. Feuerstein on 10/25/2016. (Tirado, Chelsea)
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Filing
62
OPINION & ORDER: SO ORDERED that (1) the branch of defts' motion seeking dismissal of plaintiffs trade dress claim pertaining to its Website pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is granted and so much of plaintiffs t rade dress claim as pertains to its Website is dismissed in its entirety with prejudice for failure to state a claim for relief; (2) the branch of defts' motion seeking dismissal of plaintiffs trade dress claim as pertains to its Store Trade Dre ss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is treated as a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure and summary judgment is granted dismissing plaintiffs trade dress claim as pertains to its Store Trade Dress in its entirety with prejudice; (3) defts' motion pursuant to Rule 12(b )(6) of the Federal Rules of Civil Procedure is otherwise denied; and (4) plaintiffs motion for a preliminary injunction pursuant to 17 U.S.C. § 502, 15 U.S.C. § 116 and Rule 65 of the Federal Rules of Civil Procedure is denied in its entirety. Ordered by Judge Sandra J. Feuerstein on 7/8/2015. (Florio, Lisa)
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