Transcience et al v. Big Time Toys, LLC
| Transcience and Yolanda Von Braunhut |
| Big Time Toys, LLC |
| 1:2013cv06642 |
| September 19, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Edgardo Ramos |
| Trademark |
| 28 U.S.C. ยง 1331 tr Fed. Question: Trademark |
| Plaintiff |
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Filing
203
OPINION AND ORDER re: 195 LETTER MOTION for Leave to File addressed to Judge Edgardo Ramos from William Timmons dated 4-17-2017 filed by Yolanda Von Braunhut. On April 7, 2017, Plaintiff filed a letter seeking a confere nce to address (1) whether Defendant's expert should be permitted to testify; (2) whether Plaintiff's proposed expert should be permitted to testify; (3) whether Plaintiff sufficiently pled a New York common law trademark infring ement claim; (4) and if not sufficiently pled, whether Plaintiff could be granted leave to amend the pleadings; and (5) whether punitive damages may be asserted for Plaintiff's trademark infringement claim. Doc. 173. The parties also requ ested that the Court determine whether Plaintiff was the owner of the trademarks, and therefore had standing to pursue the trademark infringement claim under the Lanham Act. For the reasons stated on the record at the April 20, 2017 conferenc e, the Court orders the following: Plaintiff's request to exclude Defendant's expert's testimony is DENIED. Defendant's expert is permitted to testify on the issue of damages, including on the value of the trademarks a t issue as registered and not registered and Plaintiff's purported damages. Plaintiff's request to amend her pleadings to include such a claim is DENIED. The Second Amended Complaint does not adequately assert a New York common law trademark infringement claim. Plaintiff's request to include a jury instruction on punitive damages is DENIED. Defendant's motion to dismiss the federal trademark infringement claim is GRANTED. Plaintiff failed to adequately show that she was the owner of the trademarks at the time the Complaint was filed. The Clerk of the Court is respectfully directed to terminate the motions, Docs. 195, 197. (Signed by Judge Edgardo Ramos on 4/24/2017) (mro)
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Filing
148
OPINION AND ORDER re: 135 MOTION to Amend/Correct 46 Answer to Amended Complaint, Counterclaim MOTION to Dismiss The Claims of Transcience Corporation filed by Big Time Toys, LLC: For the aforementioned reasons, Defe ndant's motion to dismiss all claims brought by Transcience Corporation is GRANTED, Defendant's counterclaims against Transcience Corporation are DISMISSED, and Defendant's motion to amend its answer is GRANTED in part and DENIED in part. Specifically, Defendant is granted leave to (i) amend its counterclaim for breach of contract and (ii) add a third-party claim for breach of contract against Transcience Corporation's director-trustees. Defendant's amended answer s hall be filed on or before January 6, 2017. The parties are directed to appear for a conference on February 2, 2017 at 10:30 a.m. The Clerk of the Court is respectfully directed to terminate the motion, Doc. 135, and to terminate Transcience Corporation as a party to this action. (Signed by Judge Edgardo Ramos on 12/30/2016) (tn)
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Filing
42
OPINION AND ORDER re: 16 MOTION to Dismiss The Amended Complaint. filed by Big Time Toys, LLC, 19 MOTION for Preliminary Injunction. filed by Transcience. For the reasons set forth herein, Defendant's motion to dismiss the copyright infringement and trademark infringement claims is DENIED. Plaintiffs' breach of contract claim is DISMISSED without prejudice. Plaintiffs are granted leave to replead within thirty (30) days of the date of this Order. Defendant 9;s motion to dismiss the implied covenant of good faith and fair dealing, implied contract, conversion, and tortious interference with business relationships claims is GRANTED. Plaintiffs' unjust enrichment claim is preempted, but only to th e extent it relies on Plaintiffs' copyrighted works; Plaintiffs' motion for a preliminary injunction is DENIED. The Clerk of the Court is respectfully directed to terminate the motions. Docs. 16, 19. (Signed by Judge Edgardo Ramos on 9/23/2014) (kgo)
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