TECHNOMARINE SA v. GIFTPORTS, INC.

No. 12-4174-cv.

758 F.3d 493 (2014)

TECHNOMARINE SA, Plaintiff-Appellant, v. GIFTPORTS, INC., a New York Corporation, Defendant-Appellee, Does 1 through 10, Defendants.

United States Court of Appeals, Second Circuit.

Decided: July 15, 2014.


Attorney(s) appearing for the Case

Brent Herbert Blakely , Blakely Law Group, Hollywood, CA, for Plaintiff-Appellant.

William Thomashower ( Rachel Schwartz , Carla Sereny , on the brief), Schwartz & Thomashower LLP, New York, NY, for Defendant-Appellee.

Before: LIVINGSTON and LOHIER, Circuit Judges, and STEIN, District Judge.


DEBRA ANN LIVINGSTON, Circuit Judge:

We consider whether a prior litigation between the parties resolving claims of trademark infringement and other unfair business practices, and stemming from earlier conduct, bars the present suit of Plaintiff-Appellant TechnoMarine SA ("TechnoMarine" or "Plaintiff") over similar conduct that occurred after the settlement of the earlier suit. The district court (Batts, J.) granted a motion to dismiss by Defendant-Appellant...

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