Sussman-Automatic Corp. v. Spa World Corporation et al
Sussman-Automatic Corp. |
Spa World Corporation, Joseph Schwartz and Ira Schwartz |
2:2013cv07352 |
December 26, 2013 |
US District Court for the Eastern District of New York |
Central Islip Office |
Arthur D. Spatt |
A. Kathleen Tomlinson |
Trademark |
15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act) |
Plaintiff |
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Document Text |
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Filing 32 MEMORANDUM OF DECISION AND ORDER - In sum, the Court denies as moot the 12 motion to dismiss the initial complaint. The Court grants the 21 motion to dismiss the amended complaint and the amended complaint is dismissed in its entirety. The Plai ntiffs false advertising claim under the Lanham Act and the New York State statutory claims are dismissed without prejudice. The Plaintiff is given thirty days from the date of this order to file a second amended complaint with regard to the causes of action for false advertising under the Lanham Act and the New York State statutory claims. If the Plaintiff fails to do so, the Clerk of the Court is directed to close the case. So Ordered by Judge Arthur D. Spatt on 4/25/2014. (Coleman, Laurie) |
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