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Case Dismissed in favor of NYC Hotel

Nov 28, 2023Litigation & Dispute Resolution

Michael J. Antongiovanni, Esq. recently served as co-counsel to a New York City hotel in a matter pending in federal court and successfully obtained a pre-answer dismissal of all claims against the hotel. The plaintiff, which operates a Caribbean resort, alleged that the hotel, among other things, engaged in trademark infringement, unfair competition and false association under the Lanham Act by allegedly failing to return control of plaintiff’s domain name, which was part of a licensing and management agreement between the plaintiff and hotel that had been terminated. In dismissing the complaint in its entirety, the court found, among other things, that the plaintiff’s allegations failed to state a plausible claim under the federal statute and were related to claims involving the breach of the parties’ licensing and management agreement that had previously been adjudicated in the hotel’s favor in state court.