Church & Dwight Co., Inc. v. SPD Swiss Precision Diagnostics GMBH
| Church & Dwight Co., Inc. |
| SPD Swiss Precision Diagnostics GMBH |
| 1:2014cv00585 |
| January 29, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Alison J. Nathan |
| Trademark |
| 15 U.S.C. ยง 1114 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
613
OPINION & ORDER: For the foregoing reasons, the Court enters judgment in favor of Plaintiff Church & Dwight in the amount of $9,955,018. The Clerk of Court is respectfully directed to enter judgment and close the case. This Order resolves Dkt. Nos. 497, 500, 506, 509, 588, 591, 594, and 597. As explained in the concurrently led Order, this Opinion and Order will be temporarily filed under seal. After determining which, if any, portions of the Opinion and Order should be redacted, the Court will file the Opinion and Order on the public docket. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 8/22/2018) (cf)
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Filing
424
MEMORANDUM AND ORDER. For the foregoing reasons, the Court denies Defendant's motion in its entirety. This resolves Dkt. No. 398. re: 398 MOTION to Stay SPD Swiss Precision Diagnostics GmbH's Notice Of Motion To Stay Or Modify Injunction Pending Appeal filed by SPD Swiss Precision Diagnostics GMBH. (Signed by Judge Alison J. Nathan on 8/26/2015) (rjm)
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Filing
397
OPINION & ORDER: For the reasons provided above, the Court concludes that (1) SPD engaged in false advertising in violation of the Lanham Act; (2) SPD engaged in intentional deception of an egregious nature; (3) C&D is entitled to a permanent in junction; (4) SPD engaged in false advertising in violation of New York State law; and (5) C&D failed to prove that SPD breached the parties' prior settlement agreement. In accordance with this Opinion and Order, the parties shall submit a pr oposed permanent injunction order no later than three weeks from the date of this Opinion and Order. If the parties are unable to reach an agreement, C&D shall submit a proposed permanent injunction order and the parties shall submit letters no lo nger than three pages in length setting forth their respective positions regarding the wording of the permanent injunction order. In addition, no later than three weeks from the date of this Opinion and Order, the parties shall also submit a proposal for how to proceed with the damages phase of this case. This resolves Dkt. Nos. 254, 265, 267, 269, 271, 273. (As further set forth in this Order) (Signed by Judge Alison J. Nathan on 7/1/2015) (kl)
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Filing
212
MEMORANDUM AND ORDER: Applying prevailing Second Circuit case law, the Court concludes that SPD has failed to satisfy its burden of showing that revealing otherwise privileged communications to its third-party marketing firm enabled counsel to unders tand aspects of the client's own communications that could not otherwise be appreciated in the rendering of legal advice. And even if the Second Circuit were to adopt the functional equivalent exception, the Court concludes that SPD has failed t o satisfy the very narrow grounds on which this exception rests. Finally, C&D filed its letter via email with proposed redactions based on SPD's confidentiality designations. The Court provisionally grants the redaction request, but notes, as pr eviously stated, that it may revisit its decision to approve a redaction request following the resolution of the present dispute or upon request. See Dkt. No. 183 . The Court hereby orders C&D to file via ECF redacted versions of its letter and associated exhibits, and the Court will file unredacted versions of the letter and associated exhibits under seal. SO ORDERED. (See Order.) (Signed by Judge Alison J. Nathan on 12/19/2014) (ajs)
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Filing
93
OPINION AND ORDER re: 58 MOTION to Dismiss SPD Swiss Precision Diagnostics GmbH's Notice of Motion To Dismiss filed by SPD Swiss Precision Diagnostics GMBH, 73 MOTION for Preliminary Injunction pursuant to FRCP 65 filed by Church & Dwight Co., Inc., 19 MOTION for Preliminary Injunction filed by Church & Dwight Co., Inc.: SPD's motion to dismiss is DENIED. C&D's motion for a preliminary injunction is moot by virtue of the consolidation o f that motion with a trial on the merits in this case. This resolves docket numbers 19, 58, and 73. Despite their submission of a letter on May 8, 2014, stating that they would provide proposed trial dates to the Court, the parties have not yet su bmitted any concrete proposed trial dates to the Court. The parties are directed to submit a letter no later than one week following the date of this order proposing mutually agreeable trial dates, as well as a proposed schedule for the completi on of discovery in this matter. If the parties fail to do so by that date, the Court will set a schedule without the parties' input and will expect the parties to conform their schedules to that set by the Court. (Signed by Judge Alison J. Nathan on 6/3/2014) (tn)
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