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Robert G. Leino
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Misc | Filed: April 25, 2024 | Entered: April 25, 2024 Powerhouse Beverage Company LLC et al v. Nahoum et al
Trademark | New York Southern
AO 120 Form Trademark - Case Terminated - Submitted
AO 120 FORM TRADEMARK - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 4/25/2024 in a court action filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF).(km)
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Order | Filed: April 25, 2024 Powerhouse Beverage Company LLC et al v. Nahoum et al
Trademark | New York Southern
Order
CLERK'S JUDGMENT re: 145 Memorandum & Opinion in favor of Behzad Peikarian, Frank Nahoum, Henry Gimenez, Joel Kringel against Live Life Smart, Inc., Powerhouse Beverage Company LLC, Sparkling Your World, Inc. It is hereby ORDERED, ADJUDG ED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated April 24, 2024, Defendants' motion for summary judgment is GRANTED with respect to the trademark-infringement claim. Judgment is entered for Defendants on that claim. The motions for summary judgment are DENIED in all other respects. The declaratory-judgment claim is DISMISSED WITHOUT PREJUDICE. All other remaining claims are DISMISSED WITHOUT PREJUDICE to renewal in state court; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 4/25/2024) (Attachments: # 1 Appeal Package) (km)
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Order | Filed: April 24, 2024 | Entered: April 24, 2024 Powerhouse Beverage Company LLC et al v. Nahoum et al
Trademark | New York Southern
Memorandum & Opinion
OPINION AND ORDER re: 117 MOTION for Summary Judgment by Defendants. filed by Thomas Stanziale, ESQ., 119 MOTION for Summary Judgment by Defendants filed by Thomas Stanziale, ESQ., 122 MOTION for Summary Judgment Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment, Declaration of Daniel Ehrlich and Declaration of Liz Kellogg. filed by Sparkling Your World, Inc., Live Life Smart, Inc., Powerhouse Beverage Company LLC, 118 MOTION for Summary Judgment by Defendants. filed by Thomas Stanziale, ESQ., 120 MOTION for Summary Judgment filed by Sparkling Your World, Inc., Live Life Smart, Inc., Powerhouse Beverage Company LLC. For these reasons, Defendants' motion for summary judgment is GRANTED with respect to the trademark-infringement claim. The Clerk of Court is directed to enter judgment for Defendants on that claim. The motions for summary judgment are DENIED in all other respects. The declaratory-judgment claim is DISMISSED WITHOUT PREJUDICE. All other remaining claims are DISMISSED WITHOUT PREJUDICE to renewal in state court. The Clerk of Court is directed to close Dkts. 117-120, 122, and close this case. SO ORDERED. (Signed by Judge Arun Subramanian on 4/24/2024) (vfr) Transmission to Orders and Judgments Clerk for processing.
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