ONE11 Imports Inc. v. Nuop LLC

ONE11 Imports Inc. v. Nuop LLC

Plaintiff:	ONE11 Imports Inc.
Defendant:	Nuop LLC
Case Number:	1:2016cv07197
Filed:	September 15, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of U.S.
Presiding Judge:	J. Paul Oetken
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1125
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
December 19, 2016	Filing 35 OPINION AND ORDER: Accordingly, NuOps application to clarify the Courts October 28, 2016, Order is hereby GRANTED in part, and it is hereby ORDERED that: (1) the preliminary injunction Order dated October 28, 2016, is hereby clarified to the effect t hat it does not apply to nonparty retailers and/or distributors with respect to NuOp's products acquired through transactions finalized prior to October 28, 2016; (2) by December 21, 2016, ONE11 shall serve a copy of this Opinion and Order on al l entities previously contacted by ONE11 regarding the scope of the Courts October 28, 2016, preliminary injunction Order; and (3) ONE11 shall cease any further misstatements to nonparties regarding either the October 28, 2016, preliminary injunction Order or this Opinion and Order clarifying the preliminary injunction Order. NuOps further request to confirm that its use of the mark "My Marquee: Illuminate Your Thoughts" is permissible is DENIED. ONE11's request for attorneys' fees incurred in responding to NuOp's application to the Court is also DENIED.SO ORDERED. (Signed by Judge J. Paul Oetken on 12/19/2016) (ama)

Date Filed

Document Text

December 19, 2016

Filing 35 OPINION AND ORDER: Accordingly, NuOps application to clarify the Courts October 28, 2016, Order is hereby GRANTED in part, and it is hereby ORDERED that: (1) the preliminary injunction Order dated October 28, 2016, is hereby clarified to the effect t hat it does not apply to nonparty retailers and/or distributors with respect to NuOp's products acquired through transactions finalized prior to October 28, 2016; (2) by December 21, 2016, ONE11 shall serve a copy of this Opinion and Order on al l entities previously contacted by ONE11 regarding the scope of the Courts October 28, 2016, preliminary injunction Order; and (3) ONE11 shall cease any further misstatements to nonparties regarding either the October 28, 2016, preliminary injunction Order or this Opinion and Order clarifying the preliminary injunction Order. NuOps further request to confirm that its use of the mark "My Marquee: Illuminate Your Thoughts" is permissible is DENIED. ONE11's request for attorneys' fees incurred in responding to NuOp's application to the Court is also DENIED.SO ORDERED. (Signed by Judge J. Paul Oetken on 12/19/2016) (ama)

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Plaintiff: ONE11 Imports Inc.
Represented By:	Mark Norman Mutterperl
Represented By:	Meghan Hennessy Sullivan
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Defendant: Nuop LLC
Represented By:	Matthew David Sobolewski
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