The Diamond Collection, LLC v. Underwraps Costume Corporation
| The Diamond Collection, LLC |
| Underwraps Costume Corporation |
| 2:2017cv00061 |
| January 5, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Steven I. Locke |
| Arthur D. Spatt |
| Copyright |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
47
MEMORANDUM & ORDER granting in part and denying in part 37 Motion to Dismiss for Failure to State a Claim; For the foregoing reasons, Diamond's motion is GRANTED IN PART and DENIED IN PART. Underwraps' second and third counterclaims f or trade dress infringement, false designation of origin, unfair competition, and trademark dilution are DISMISSED WITH PREJUDICE. Underwraps' first counterclaim for copyright infringement and fourth counterclaim for false endorsement remain. Th e Clerk of the Court is directed to docket Exhibits A, B, C, D, E, F, G, and H (1-8) from Underwraps' Amended Answer (D.E. 35) with this Order for reference. So Ordered by Judge Joanna Seybert on 1/22/2019. C/ECF (Attachments: # 1 Exhibit A; # 2 Exhbit B; # 3 Exhibit C; # 4 Exhibit D; # 5 Exhibit E; # 6 Exhibit F; # 7 Exhibit G; # 8 Exhibit H) (Valle, Christine)
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Filing
32
MEMORANDUM OF DECISION & ORDER: For the reasons stated above, the Plaintiff's 29 motion to dismiss the Defendant's counterclaims is granted in its entirety. The Defendants counterclaims brought pursuant to the N.Y. GEN. BUS. LAW are dis missed with prejudice. The Defendants remaining counterclaims are dismissed without prejudice, and the Defendant is granted leave to replead those counterclaims. In this regard, the Defendant shall file an amended answer within thirty (30) days of entry of this Order. Failure to do so will result in the dismissal of the counterclaims with prejudice. SEE ATTACHED DECISION for details. It is SO ORDERED by Judge Arthur D. Spatt on 4/16/2018. (Coleman, Laurie)
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Filing
25
MEMORANDUM OF DECISION & ORDER - In the Courts view, none of the factors weigh in favor of transferring this case to the CDCA. Accordingly, Underwraps 11 motion to transfer this case pursuant to Section 1404(a) is denied. SEE ATTACHED DECISION for details. So Ordered by Judge Arthur D. Spatt on 7/21/2017. (Coleman, Laurie)
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| Plaintiff: The Diamond Collection, LLC | |
| Represented By: | Lynn Marcy Brown |
| Represented By: | Kevin Schlosser |
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| Defendant: Underwraps Costume Corporation | |
| Represented By: | Bryan A. McKenna |
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