Perfect Pearl Co., Inc. v. Majestic Pearl & Stone Inc.

Justia Dockets & Filings Second Circuit New York Southern District Perfect Pearl Co., Inc. v. Majestic Pearl & Stone Inc.

Perfect Pearl Co., Inc. v. Majestic Pearl & Stone Inc.

Plaintiff:	Perfect Pearl Co., Inc.
Defendant:	Majestic Pearl & Stone Inc.
Case Number:	1:2010cv03998
Filed:	May 14, 2010
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Robert W. Sweet
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1051
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
August 14, 2012	Filing 102 OPINION & ORDER re: #102197 90 MOTION to Strike Document No. 88 Section of Defendant's Reply Memorandum Regarding Laches Defenses. filed by Perfect Pearl Co., Inc., 54 MOTION for Summary Judgment Notice. filed by Perfect Pear l Co., Inc., 52 MOTION for Summary Judgment NOTICE. filed by Majestic Pearl & Stone Inc. For the foregoing reasons, Perfects motion for summary judgment is granted in substantial part, but also denied in part, and Majestics cross-motion for summary judgment is denied in its entirety. Specifically as further set forth herein. The Clerk of Court is directed to terminate the motions for summary judgment at docket numbers 52 and 54 and the motion to strike at docket number 90. The parties are directed to meet and confer and submit to the Court, no later than August 27, 2012, a joint letter proposing a schedule to resolve the outstanding issues of damages, if any, including the scope of an injunction to implement the Court's conclusion that Majestic may not use the MAJESTIC and MAJESTIC PEARL marks on its line of pearl jewelry. (Signed by Judge Paul A. Engelmayer on 8/14/2012) (djc) Modified on 8/15/2012 (jab).
January 11, 2012	Filing 42 OPINION AND ORDER re: 33 MOTION for Leave to File First Amended Complaint. filed by Perfect Pearl Co., Inc.: For the foregoing reasons, Perfect's motion for leave to amend its complaint is granted in part and denied in part. Perfect may add a claim for false advertising under the Lanham Act (count III in the PAC) and a theory of false advertising under New York law (a portion of count IV in the PAC). Perfect may also add factual allegations, in support of any or all of its claims, regard ing Majestic's continuing use of the symbol after Majestic's registration expired. However, Perfect may not add a claim for misuse of trademark notice (count II in the PAC), and may not add any factual allegation relating to Majestic's website, including the False Comparative Advertising Statement. Perfect is afforded through Tuesday, January 17, 2012 to file an amended complaint in compliance with this Opinion & Order.In accordance with the Court's Order of December 5, 2011 (Dkt. 36), the parties are directed to notify the Court, by letter, no later than Friday, January 20, 2012 whether they still intend to move for summary judgment, at which time the Court will, if necessary, set a schedule for a second round of pre-summary judgment letters and another pre-motion conference. The Clerk of Court is directed to terminate the motion at docket number 33. ( Amended Pleadings due by 1/17/2012.) (Signed by Judge Paul A. Engelmayer on 1/11/2012) (djc)

Date Filed

Document Text

August 14, 2012

Filing 102 OPINION & ORDER re: #102197 90 MOTION to Strike Document No. 88 Section of Defendant's Reply Memorandum Regarding Laches Defenses. filed by Perfect Pearl Co., Inc., 54 MOTION for Summary Judgment Notice. filed by Perfect Pear l Co., Inc., 52 MOTION for Summary Judgment NOTICE. filed by Majestic Pearl & Stone Inc. For the foregoing reasons, Perfects motion for summary judgment is granted in substantial part, but also denied in part, and Majestics cross-motion for summary judgment is denied in its entirety. Specifically as further set forth herein. The Clerk of Court is directed to terminate the motions for summary judgment at docket numbers 52 and 54 and the motion to strike at docket number 90. The parties are directed to meet and confer and submit to the Court, no later than August 27, 2012, a joint letter proposing a schedule to resolve the outstanding issues of damages, if any, including the scope of an injunction to implement the Court's conclusion that Majestic may not use the MAJESTIC and MAJESTIC PEARL marks on its line of pearl jewelry. (Signed by Judge Paul A. Engelmayer on 8/14/2012) (djc) Modified on 8/15/2012 (jab).

January 11, 2012

Filing 42 OPINION AND ORDER re: 33 MOTION for Leave to File First Amended Complaint. filed by Perfect Pearl Co., Inc.: For the foregoing reasons, Perfect's motion for leave to amend its complaint is granted in part and denied in part. Perfect may add a claim for false advertising under the Lanham Act (count III in the PAC) and a theory of false advertising under New York law (a portion of count IV in the PAC). Perfect may also add factual allegations, in support of any or all of its claims, regard ing Majestic's continuing use of the symbol after Majestic's registration expired. However, Perfect may not add a claim for misuse of trademark notice (count II in the PAC), and may not add any factual allegation relating to Majestic's website, including the False Comparative Advertising Statement. Perfect is afforded through Tuesday, January 17, 2012 to file an amended complaint in compliance with this Opinion & Order.In accordance with the Court's Order of December 5, 2011 (Dkt. 36), the parties are directed to notify the Court, by letter, no later than Friday, January 20, 2012 whether they still intend to move for summary judgment, at which time the Court will, if necessary, set a schedule for a second round of pre-summary judgment letters and another pre-motion conference. The Clerk of Court is directed to terminate the motion at docket number 33. ( Amended Pleadings due by 1/17/2012.) (Signed by Judge Paul A. Engelmayer on 1/11/2012) (djc)

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Plaintiff: Perfect Pearl Co., Inc.
Represented By:	Anthony F Lo Cicero
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Defendant: Majestic Pearl & Stone Inc.
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