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CAN'T LIVE WITHOUT IT, LLC v. ETS EXPRESS, INC.

17-cv-3506 (JSR).

287 F.Supp.3d 400 (2018)

CAN'T LIVE WITHOUT IT, LLC d/b/a S'well Bottle, Plaintiff, v. ETS EXPRESS, INC., Defendant.

United States District Court, S.D. New York.

Signed January 15, 2018.

Editors Note
Applicable Law: 15 U.S.C. § 1051
Cause: 15 U.S.C. § 1051 Trademark Infringement
Nature of Suit: 840 Trademark
Source: PACER

Attorney(s) appearing for the Case

Mara J. Gassmann, Pro Hac Vice; Attorney to be Noticed, Ballard Spahr LLP, Washington, DC, Paul Safier, Pro Hac Vice; Attorney to be Noticed, Ballard Spahr LLP, Philadelphia, PA, Robert Penchina, Ballard Spahr LLP, New York, NY, for Plaintiff.

Bradford Earl Mattes, Marvin H. Kleinberg, Michael William Carwin, Kleinberg & Lerner, LLP, Los Angeles, CA, for Defendant.

OPINION AND ORDER

Plaintiff Can't Live Without It, LLC ("S'well") has brought six claims against defendant ETS Express, Inc. ("ETS"). ETS manufactures the Force and Swig Bottles, which have the exact same shape as plaintiff's S'well and S'ip Bottles, respectively. ETS has moved for summary judgment dismissing all...

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