American Express Marketing & Development Corp. et al v. Black Card LLC
| American Express Marketing & Development Corp. and American Express Travel Related Services Company, Inc. |
| Black Card LLC |
| 1:2010cv01605 |
| February 26, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Denise L. Cote |
| Trademark |
| 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
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Filing
102
OPINION & ORDER re: 56 MOTION for Judgment as to Defendant's Counterclaim for Declaratory Relief against Plaintiffs and to dismiss each of Plaintiffs claims and the Complaint with prejudice filed by Black Card LLC, 54 MOTION for Parti al Summary Judgment filed by American Express Travel Related Services Company, Inc., American Express Marketing & Development Corp. Amex has demonstrated that summary judgment is appropriate on its claim that the PTO registration of BC's "B LACKCARD" mark should be cancelled because the mark is not inherently distinctive and BC has not demonstrated secondary meaning. Amex's motion for summary judgment on its § 2(e) cancellation claim is granted and BC's motion for summary judgment on that claim is denied. (Signed by Judge Denise L. Cote on 11/17/2011) (lmb)
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