Michael Miller Fabrics, LLC v. Studio Imports LTD., Inc.
||Michael Miller Fabrics, LLC
||Studio Imports LTD., Inc.
||May 15, 2012
||New York Southern District Court
||Foley Square Office
||Kimba M. Wood
|Nature of Suit:
||Intellectual Property - Copyrights
|Jury Demanded By:
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|Date Filed||#||Document Text|
|October 1, 2012||39|| OPINION AND ORDER re: 23 MOTION to Dismiss Complaint, filed by Studio Imports LTD., Inc., 32 MOTION to Dismiss Amended Complaint, filed by Studio Imports LTD., Inc. Plaintiff Michael Miller Fabrics LLC ("Michael Miller Fabrics& quot;) brings this action for copyright infringement and unfair competition against Defendant Studio Imports Ltd., Inc. ("Studio Imports"). Michael Miller Fabrics alleges that Studio Imports has manufactured and sold throughout the United S tates handbags and accessories bearing designs which infringe copyrights owned by Michael Miller Fabrics. For the reasons set forth herein, the Court GRANTS Plaintiff leave to file an amended complaint by October 10, 2012. The Court DENIES the pending motions to dismiss as moot (Dkt. Nos. 23 & 32), but GRANTS Defendant leave to amend and re-file the motions after Plaintiff has filed its amended complaint. (See Order) (Signed by Judge Kimba M. Wood on 10/1/2012) (ja)|
|June 7, 2012||18|| OPINION AND ORDER: The Court finds that further prosecution by Studio Imports of the Florida Action would cause immediate damage to Michael Miller Fabrics, would waste federal judicial resources, and would create the risk of irreparable harm in the event of the issuance of inconsistent decisions in this case and the Florida Action. The Court also finds that Michael Miller Fabrics has raised serious questions going to the merits of its unfair competition and copyright violation action and that the balance of hardships tips decidedly in favor of Michael Miller Fabrics. For the foregoing reasons, Michael Miller Fabrics motion is GRANTED and this Court enjoins Studio Imports, its officers, agents, servants, employees, and attorneys, and all persons in active concert and participation with them who receive actual notice of this Order, from taking any steps to further prosecute the declaratory judgment action filed by Studio Imports against Michael Miller Fabrics in the Southe rn District of Florida, entitled Studio Imports Ltd., Inc. v. Michael Miller Fabrics, LLC, 12 CV 60884, pending the final determination of the present action before this Court, or until further order of this Court. Studio Imports is directed to fil e a notice of voluntary dismissal in the Florida Action. No bond is required because there is no likelihood of harm to Studio Imports, and this injunction is issued to aid and preserve the Court's jurisdiction over the subject matter involved. (Signed by Judge Kimba M. Wood on 6/6/2012) (pl) Modified on 6/7/2012 (pl).|
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