Can't Live Without It, LLC d/b/a S'well Bottle v. ETS Express, Inc.
| Can't Live Without It, LLC |
| ETS Express, Inc. |
| ETS Express, Inc. |
| Can't Live Without It, LLC |
| 1:2017cv03506 |
| May 10, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jed S. Rakoff |
| Trademark |
| 15 U.S.C. ยง 1051 |
| Both |
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Filing
77
OPINION AND ORDER re: 52 MOTION for Partial Summary Judgment . filed by Can't Live Without It, LLC, 56 MOTION for Summary Judgment . filed by ETS Express, Inc. Defendant's motion for summary judgment is grant ed dismissing plaintiff's second, fifth, and sixth causes of action (false designation of origin and unfair competition in violation of the Lanham Act, deceptive acts and practices in violation of New York General Business law § 349, and fa lse advertising in violation of New York General Business Law § 350), but is otherwise denied, and plaintiff's motion for summary judgment is denied in its entirety. The Clerk of Court is ordered to close documents numbered 52 and 56 on the docket. SO ORDERED. (Signed by Judge Jed S. Rakoff on 1/15/18) (yv)
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