The Fashion Exchange LLC v. Hybrid Promotions, LLC

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK □□□ KX THE FASHION EXCHANGE LLC, Plaintiff, 14 CIVIL 1254 (SHS)

-against- JUDGMENT

HYBRID PROMOTIONS, LLC, ET AL., Defendants. eK

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-1s 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 1s 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