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Fish Cases

Therapy Products d/b/a/ Erchonia Medical v. Lionel Bissoon et al.

Fish Cases

Therapy Products d/b/a/ Erchonia Medical v. Lionel Bissoon et al.

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Fish won a summary judgment motion on behalf of all four defendants in this trademark infringement case in the Southern District of New York. Judge Denise Cote found that plaintiff's alleged trademark LIPOLASER, was merely descriptive as a matter of law. The court awarded summary judgment to all defendants on all claims (including a false advertising claim), and thereby ordered the case closed. In a subsequent decision, the Court awarded defendants reimbursement of attorney’s fees and costs. The case was appealed by the plaintiff to the Second Circuit Court of Appeals. Plaintiff attempted to appeal the summary judgment award to defendants and the fee award to defendants, separately. Appeal of the fee award for lack of jurisdiction was successfully dismissed. Subsequently, the Second Circuit Court of Appeals affirmed the award of summary judgment to the defendants on the trademark claim.

In-Depth

Fish won a summary judgment motion on behalf of all four defendants in this trademark infringement case in the Southern District of New York. Judge Denise Cote found that plaintiff’s alleged trademark LIPOLASER, was merely descriptive as a matter of law. The court awarded summary judgment to all defendants on all claims (including a false advertising claim), and thereby ordered the case closed. In a subsequent decision, the Court awarded defendants reimbursement of attorney’s fees and costs. The case was appealed by the plaintiff to the Second Circuit Court of Appeals. Plaintiff attempted to appeal the summary judgment award to defendants and the fee award to defendants, separately. Appeal of the fee award for lack of jurisdiction was successfully dismissed. Subsequently, the Second Circuit Court of Appeals affirmed the award of summary judgment to the defendants on the trademark claim.