The Fashion Exchange LLC v. Hybrid Promotions, LLC et al

Filing 472

CLERK'S JUDGMENT re: 471 Memorandum & Opinion in favor of BDSRCO, Inc., BJ'S Wholesale Club, Inc., Beall's Department Stores, Inc., Belk Stores Services, Inc., Belk, Inc., Bob's Stores, LLC, Boscov's Department Store, LLC , Dillard International, Inc., Dollar General Corporation, Family Dollar Services, Inc., Hot Topic, Inc., Hybrid Promotions, LLC, J.C. Penney Corporation, Inc., Kohls Department Stores, Inc., Macy's Merchandising Group, Inc., Macy's Retail Holdings, Inc., Macys.com, Inc., Marshalls of MA, Inc., National Stores, Inc., Nordstrom, Inc., Old Navy, LLC, Ross Stores, Inc., Rue 21, Inc., Sears Brands, LLC, Shopko Stores Operating Co., LLC, Spencer Gifts LLC, Sports Holdings, Inc., Target Corp orate Services, Inc., The Cato Corporation, The TJX Companies, Inc., Tween Brands, Inc., Urban Outfitters, Inc., Wal-Mart Stores, Inc., Gavin Dogan, Jarrod Dogan, Jeff Caldwell against The Fashion Exchange LLC. It is hereby ORDERED, ADJUDGED AND DECR EED: That for the reasonsstated in the Court's Opinion & Order dated September 29, 2023, because the court finds as a matter of law that the use in commerce of defendants' marks-HYBRID, HYBRID TEES, and HYBRID APPAREL-is not likely to cause confusion with TFE' s marks-HYBRID and HYBRID & COMP ANY - defendants' motion for summary judgment is granted and plaintiff's cross-motion is denied. Because plaintiff's claims of trademark infringement as well as its claims of u nfair competition under the Lanham Act require a finding of likelihood of confusion to proceed, see EMI Catalogue P'ship v. Hill, Holliday, Connors, Cosmopulos Inc., 228 F.3d 56, 61-62 (2d Cir. 2000), both claims are dismissed. Accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/29/2023) (Attachments: # 1 Appeal Package) (tp)

Case 1:14-cv-01254-SHS-OTW Document 472 Filed 09/29/23 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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THE FASHION EXCHANGE LLC,
14 CIVIL 1254 (SHS)

Plaintiff,

JUDGMENT

-againstHYBRID PROMOTIONS, LLC, ET AL.,
Defendants.
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It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Opinion & Order dated September 29, 2023, because the court finds as a
matter of law that the use in commerce of defendants' marks-HYBRID, HYBRID TEES, and
HYBRID APPAREL-is not likely to cause confusion with TFE' s marks-HYBRID and HYBRID
& COMP ANY - defendants' motion for summary judgment is granted and plaintiff's crossmotion is denied. Because plaintiff's claims of trademark infringement as well as its claims of
unfair competition under the Lanham Act require a finding of likelihood of confusion to proceed,
see EMI Catalogue P'ship v. Hill, Holliday, Connors, Cosmopulos Inc., 228 F.3d 56, 61-62 (2d
Cir. 2000), both claims are dismissed. Accordingly, the case is closed.
Dated: New York, New York
September 29, 2023

RUBY J. KRAJICK
Clerk of Court
BY:

_________________________
Deputy Clerk