Lebewohl et al v. Heart Attack Grill LLC et al

Filing 41

ORDER granting in part and denying in part 31 Motion to Dismiss. Defendant's Motion for Voluntary Dismissal is partially granted. Count I (Federal Trademark Dilution) of Defendant's Counterclaims is hereby dismissed with prejudice. Defendants request to voluntarily dismiss Counts II, III, and IV without prejudice is denied. (Signed by Judge Paul A. Engelmayer on 1/5/2012) (ft)

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Il-CN-3153·PAE

JEREMY LEBEWOHL. et at
Plaintiffs,

v.

ORDER

HEART ArrACK. GRILL LLC, et al.
Defendants.

I

PAUL A. ENGELMAYER. District Judge:
This Cause having come before the Court on Defendants' December 6, 2011 Motion to
Voluntarily Dismiss its Counterclaims (Okt. 31), Plaintiffs Opposition (Okt. 36), and the Court
having reviewed the arguments presented therein, as well as having heard oral arguments by each
party at a hearing on January 4,2012, it is hereby:
ORDERED AND ADJUDGED that Defendant's Motion for Voluntary Dismissal is partially
granted. Count I (Federal Trademark Dilution) ofDefendant's Counterclaims is hereby dismissed
with prejudice. Defendants request to voluntarily dismiss Counts II. m. and IV without prejudice is
denied.
SO ORDERED

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Dated:

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New York, New York

5,

Paul A. Engelmayer
United States District Judge

1