DO Denim, LLC v. Fied Denim, Inc.

DO Denim, LLC v. Fied Denim, Inc.

Plaintiff:	DO Denim, LLC
Defendant:	Fied Denim, Inc.
Case Number:	1:2008cv10947
Filed:	December 17, 2008
Court:	US District Court for the Southern District of New York
Office:	Trademark Office
County:	New York
Presiding Judge:	Laura Taylor Swain
Nature of Suit:	Plaintiff
Cause of Action:	Federal Question
Jury Demanded By:	15:1051 Trademark Infringement

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Date Filed	Document Text
June 17, 2009	Filing 23 OPINION AND ORDER #97640 re: 14 MOTION to Dismiss Notice of Motion filed by Fried Denim, Inc. For the foregoing reasons, Defendant's motion is granted. Plaintiffs copyright claims are dismissed for lack of subject matter jurisdiction, and the remaining aspects of the Amended Complaint are dismissed, pursuant to Fed. R. Civ. P. l2(b)(6), without prejudice to repleading. No later than 21 days from the entry of this Memorandum Opinion and Order, Plaintiffs may serve and file a Second Amended Complaint. In the absence of a timely filing of a Second Amended Complaint, the action will be dismissed in its entirety, without prejudice with respect to the copyright claims and with prejudice as to all other claims, and without further advance n otice. The Clerk of Court is respectfully requested to terminate Docket Entry No. 14. If a Second Amended Complaint is timely filed, the initial pretrial conference in this case will be held on July 30, 2009. at 2:15 p.m. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/17/2009) (tve) Modified on 6/18/2009 (tve). Modified on 6/19/2009 (eef).

Date Filed

Document Text

June 17, 2009

Filing 23 OPINION AND ORDER #97640 re: 14 MOTION to Dismiss Notice of Motion filed by Fried Denim, Inc. For the foregoing reasons, Defendant's motion is granted. Plaintiffs copyright claims are dismissed for lack of subject matter jurisdiction, and the remaining aspects of the Amended Complaint are dismissed, pursuant to Fed. R. Civ. P. l2(b)(6), without prejudice to repleading. No later than 21 days from the entry of this Memorandum Opinion and Order, Plaintiffs may serve and file a Second Amended Complaint. In the absence of a timely filing of a Second Amended Complaint, the action will be dismissed in its entirety, without prejudice with respect to the copyright claims and with prejudice as to all other claims, and without further advance n otice. The Clerk of Court is respectfully requested to terminate Docket Entry No. 14. If a Second Amended Complaint is timely filed, the initial pretrial conference in this case will be held on July 30, 2009. at 2:15 p.m. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/17/2009) (tve) Modified on 6/18/2009 (tve). Modified on 6/19/2009 (eef).

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Plaintiff: DO Denim, LLC
Represented By:	Robert A. Schachter
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Defendant: Fied Denim, Inc.
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