Pulse Creations, Inc. v. Vesture Group, Inc. et al
Pulse Creations, Inc. |
Vesture Group, Inc., Burlington Coat Factory, Inc., Sears Holding Corp., JC Penney, Inc., Bakk Enterprise, LLC and Does 1-20 |
1:2015cv02496 |
April 1, 2015 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Katherine Polk Failla |
Trademark |
15 U.S.C. ยง 1051 |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
---|
Filing 44 OPINION AND ORDER re: 29 MOTION to Dismiss First Amended Complaint filed by Vesture Group, Inc., JC Penney, Inc., Burlington Coat Factory, Inc., Sears Holding Corp.: For the reasons stated in this Opinion, Defendants 39; motion to dismiss Plaintiff's claim for deceptive trade practices under New York General Business Law § 349 is GRANTED. Their motion to dismiss Plaintiff's claims for (i) trademark infringement under Lanham Act § 32, (ii) false designation of origin under Lanham Act § 43(a); (iii) New York common law trademark infringement, and (iv) New York common law unfair competition is DENIED. The Clerk of Court is directed to terminate the motion at docket entry number 2 9. The parties are directed to appear for an initial pretrial conference on January 26, 2016, at 2:30 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties are directed to submit a proposed cas e management plan and joint status letter no later than January 21, 2016, pursuant to the Court's Individual Rules of Civil Practice. (Initial Conference set for 1/26/2016 at 02:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 12/30/2015) (tn) |
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.