Desly International Corporation et al v. Otkrytoe Aktsionernoe Obshchestvo "Spartak" et al
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|Date Filed||#||Document Text|
|November 6, 2017
MEMORANDUM, DECISION AND ORDER, For the reasons stated above, Spartak is not entitled to an award of profits from Desly's sale of the accused products. Desly is, however, permanently enjoined from using Spartak's name, marks, or logo in con nection with the sale of any products. Up to and including the entry of summary judgment, Spartak had prevailed on its claims arising, inter alia, under the Lanham Act and the exclusive agreement. Its claims failed thereafter. Within 10 days of the d ate this Memorandum, Decision and Order is docketed, Spartak shall notify the Court whether it intends to seek attorney's fees. No later than 10 days after the filing of any such notice of an intent to seek fees, the parties shall jointly propos e a briefing schedule for that purpose. If no such notice is given, within 10 days of the date such notice was due, the parties shall jointly propose a judgment or separately propose judgments for settlement, in accordance with this Order and the Court's 8/15/16 Memorandum and Order, Dkt. No. 104. (Ordered by Judge Eric N. Vitaliano on 10/28/17) c/m (Galeano, Sonia)
|June 13, 2017
ORDER granting in part and denying in part motions in limine. 117 118 119 120 121 122 126 . Jury selection in this case is scheduled to take place on June 26, 2017. The parties - plaintiffs/counter-claim defendants Desly Interna tional Corporation, Marat Novikov, Olga Novikova, and Andrey Novikov (collectively "Desly"), defendant/counter-claim plaintiff Otkrytoe Aktsionernoe Obshchestvo "Spartak" ("Spartak"), and defendants/counter-claim plainti ffs Euro Import Distributions Inc., Euro Import Bel LLC, and Euro Import Inc. (collectively "Euro") - have filed various evidentiary motions in limine. Having considered the submissions of the parties, and following a pretrial confer ence on April 28, 2017 where certain issues raised in the motions were clarified, the motions in limine are resolved in the manner and for the reasons as set forth in the Court's June 13, 2017 Short Form Memorandum & Order. All remaining in limine motions and any other open matters will be addressed in forthcoming orders. Ordered by Judge Eric N. Vitaliano on 6/13/2017. (Simeone, Julie)
|August 29, 2016
MEMORANDUM AND ORDER, For the foregoing reasons, pltffs' 60 motion for summary judgment is denied and Spartak's motion is granted as to the issues for which judgment was sought. Counsel for pltffs, Spartak and Euro Import are directed to contact United States Magistrate Judge Lois Bloom expeditiously to arrange for the scheduling of a conference leading to the entry of a final joint pretrial order and the scheduling of trial on the remaining issues of tortious interference with contract, unfair competition and damages. (Ordered by Judge Eric N. Vitaliano on 8/15/2016) c/m (Galeano, Sonia)
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