Fifth Avenue of Long Island Realty Associates, dba Americana Manhasset v. Caruso Affiliated Holdings LLC, dba Caruso Affiliated, dba Caruso Affiliates, Caruso Management Company Ltd.
Published: Sep. 25, 2010 | Result Date: Jul. 15, 2010 | Filing Date: Jan. 1, 1900 |Case number: CV 08-384 Bench Decision – Defense
Court
SD New York
Attorneys
Plaintiff
Defendant
Michael B. Carlinsky
(Quinn, Emanuel, Urquhart & Sullivan LLP)
Facts
Defendant Caruso Affiliates opened a retail and residential center in Glendale in 2008, called "The Americana at Brand." Fifth Avenue of Long Island Realty owned the "Americana Manhasset" shopping mall in Long Island.
Contentions
PLAINTIFF'S CONTENTIONS:
Fifth Avenue filed suit, alleging trademark infringement of Fifth Avenue's marks "AMERICANA" and "AMERICANA MANHASSET." It also alleged unfair competition and violations of the Anticybersquatting and Consumer Protection Act.
DEFENDANT'S CONTENTIONS:
Caruso filed a counterclaim against Fifth Avenue, alleging its "AMERICANA" trademark had been abandoned.
Result
The court found that "The Americana at Brand" did not infringe Fifth Avenue's trademarks and canceled the "AMERICANA" trademark, finding the name had been abandoned.
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