Beruflich Dokumente
Kultur Dokumente
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Plaintiff,
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ASSARA I LLC, d/b/a ASSARA LASER
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CENTER NYC, ASSARA LASER and MANHATTAN :
LASER HAIR REMOVAL, JAY SHUMAN a/k/a
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JEROME SHUMAN, WILL SHUMAN, DR. SAM
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TAYER, and DAVID TAYER,
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Defendants.
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APPEARANCES
08cv0442(DLC)
OPINION & ORDER
For plaintiff:
David K. Fiveson
Claudia G. Jaffe
Butler, Fitzgerald, Fiveson & McCarthy, P.C.
9 East 45th Street, Ninth Floor
New York, NY 10017
For defendants:
Will Shuman
160 First Avenue, Suite 5B
New York, NY 10009
DENISE COTE, District Judge:
On February 29, 2016, defendants Will Shuman (Shuman) and
Assara I LLC (Assara) were found liable for unfair competition
under the Lanham Act, and for defamation, disparagement, and
unfair competition under New York law.
Juliette Laser Hair Removal, Inc. (Romeo & Juliette) now moves
for attorneys fees and costs pursuant to 15 U.S.C. 1117(a).
For the reasons that follow, the plaintiffs motion is granted
in the amount of $30,000.
BACKGROUND
This litigation has been long and contentious.
The facts
of this case are set out in this Courts February 29, 2016
Opinion granting in part the plaintiffs motion for summary
judgment, Romeo & Juliette Laser Hair Removal, Inc. v. Assara I
LLC, No. 08cv442 (DLC), 2016 WL 815205 (S.D.N.Y. Feb. 29, 2016)
(Liability Opinion), familiarity with which is assumed.
Here,
Shuman
Beginning in
The posts
Among those
On July 2,
The
In
On February
granted the defendants summary judgment motion as to codefendants Jay Shuman and Sam Tayar, denied their summary
judgment motion as to the other defendants, and denied their
motion to dismiss.
Id.
Plaintiff requests
15 U.S.C. 1117(a).
Section 1117(a)
Realty, Inc., 317 F.3d 209, 221 (2d Cir. 2003) (citation
omitted).
Bad faith, however, is only a prerequisite to a finding
that a case is sufficiently exceptional to warrant an award of
fees, Louis Vuitton Malletier S.A. v. LY USA, Inc., 676 F.3d
83, 108 (2d Cir. 2012) (citation omitted), and the statute
provides only that the district court may award attorneys
fees.
(2d Cir. 2011); cf. Hensley v. Eckerhart, 461 U.S. 424, 437
(1983) (A request for attorneys fees should not result in a
second major litigation.).
A case-
Shuman, on
As described in
It has
partially successful.
claims.
other defendants have been dismissed from the case; and a trial
has been scheduled for the remaining claims against the fifth
defendant.
This lawsuit
was filed in 2008, but it was not until the first amended
complaint was filed in April of 2009 that the plaintiff added to
its pleadings the legal theories related to the defamatory
internet postings.
this case was then assigned asked for an update from the
parties.
Then, the
It would
10
CONCLUSION
The plaintiffs motion for attorneys fees and costs is
granted against defendants Shuman and Assara, jointly and
severally.
$30,000.
SO ORDERED:
Dated: