Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease and Related Disorders Association, Inc.

Justia Dockets & Filings Second Circuit New York Eastern District Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease and Related Disorders Association, Inc.

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease and Related Disorders Association, Inc.

Plaintiff:	Alzheimer's Disease Resource Center, Inc.
Defendant:	Alzheimer's Disease and Related Disorders Association, Inc.
Case Number:	2:2013cv04244
Filed:	July 26, 2013
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Arlene R. Lindsay
Presiding Judge:	Arthur D. Spatt
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1391 Personal Injury
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
November 8, 2013	Filing 18 MEMORANDUM OF DECISION AND ORDER granting 8 Motion to Dismiss - It hereby: ORDERED, that in case no. 13-cv-3288, the Associations motion to dismiss the complaint is denied to the extent the ADRC asserts (1) a claim of false advertising under the L anham Act, (2) a claim under New York General Business Law § 349; (3) unjust enrichment; and it is further ORDERED, that the Associations motion to dismiss the complaint in case no. 13-cv-3288 is otherwise granted with prejudice. In particular, the Court grants the Associations motion to dismiss the following claims: (1) trademark infringement under the Lanham Act; (2) common law unfair competition; (3) violation of New York CLS UCC § 3-404; (4) conversion and conspiracy; and (5) torti ous interference with prospective economic advantage; and (6) common law fraud. The Court also strikes the ADRCs request for punitive damages related to its Lanham Act and unjust enrichment claims; and it is further ORDERED, that, in case no. 13-cv-4244, the Associations motion to dismiss the complaint is granted in its entirety and the complaint is dismissed with prejudice. So Ordered by Judge Arthur D. Spatt on 11/8/2013. (Coleman, Laurie)

Date Filed

Document Text

November 8, 2013

Filing 18 MEMORANDUM OF DECISION AND ORDER granting 8 Motion to Dismiss - It hereby: ORDERED, that in case no. 13-cv-3288, the Associations motion to dismiss the complaint is denied to the extent the ADRC asserts (1) a claim of false advertising under the L anham Act, (2) a claim under New York General Business Law § 349; (3) unjust enrichment; and it is further ORDERED, that the Associations motion to dismiss the complaint in case no. 13-cv-3288 is otherwise granted with prejudice. In particular, the Court grants the Associations motion to dismiss the following claims: (1) trademark infringement under the Lanham Act; (2) common law unfair competition; (3) violation of New York CLS UCC § 3-404; (4) conversion and conspiracy; and (5) torti ous interference with prospective economic advantage; and (6) common law fraud. The Court also strikes the ADRCs request for punitive damages related to its Lanham Act and unjust enrichment claims; and it is further ORDERED, that, in case no. 13-cv-4244, the Associations motion to dismiss the complaint is granted in its entirety and the complaint is dismissed with prejudice. So Ordered by Judge Arthur D. Spatt on 11/8/2013. (Coleman, Laurie)

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Defendant: Alzheimer's Disease and Related Disorders Association, Inc.
Represented By:	Andrew B. Kratenstein
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Plaintiff: Alzheimer's Disease Resource Center, Inc.
Represented By:	William J. Manning
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