MDB L.L.C. v. Hussain
| MDB L.L.C. |
| Sandy Hussain |
| Sandy Hussain |
| Ryan Slack |
| Sandy Hussain |
| MDB L.L.C. |
| 1:2014cv09281 |
| November 21, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Valerie E. Caproni |
| Trademark |
| 15 U.S.C. ยง 1125 |
| Defendant |
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|---|
Filing
155
OPINION & ORDER re: 113 FIRST MOTION to Amend/Correct Counterclaims filed by Sandy Hussain, 110 MOTION to Dismiss Defendant's Counterclaims filed by MDB L.L.C., Ryan Slack. For the foregoing reasons, Hussa in's Motion to Amend is DENIED in its entirety. The GreenPearl Parties' Motion to Dismiss is GRANTED with respect to Counts 2, 3, 5, 7, 8, 9 and 10 of Hussain's Counterclaims. Because the Court finds that Counts 2, 3, 8, 9 and 10 ar e futile after reviewing Hussain's Proposed Counterclaims and the extensive evidentiary record, those claims are dismissed with prejudice, and any request for leave to amend is denied. Counts 5 and 7 of Hussain's Counterclaims are dismiss ed with prejudice as to the GreenPearl Parties' pre-Decision conduct, but without prejudice as to the GreenPearl Parties' post-Decision conduct. The GreenPearl Parties' Motion to Dismiss is DENIED, however, with respect to Counts 1, 4 and 6 of Hussain's Counterclaims. Count 6 of Hussain's Counterclaims (unjust enrichment) is nonetheless dismissed without prejudice for lack of subject matter jurisdiction. To the extent that the GreenPearl Parties have not yet transf erred the challenged website domains, the GreenPearl Parties are hereby directed to transfer the challenged website domains, and any other confusingly similar domain names in the GreenPearl Parties' possession, to Hussain no later than April 29, 2016. The parties are hereby directed to appear for a status conference on Friday, April 22, 2016 at 10:00 a.m. to discuss discovery and trial for the outstanding question of damages on Counts 1 and 4 of Hussain's Counterclaims. The Clerk of the Court is respectfully requested to close the open motions at docket entries 110 and 113. (As further set forth in this Opinion & Order.) (Signed by Judge Valerie E. Caproni on 3/29/2016) (mro)
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