United States Second Circuit

Dismissal of plaintiff's action brought after the parties settled earlier litigation resolving claims of trademark infringement that involves similar conduct that occurred after the date of the settlement agreement is affirmed, where: 1) plaintiff's claims arising after the first litigation are not barred by res judicata; but 2) plaintiff failed to state a claim on which relief may be granted; and 3) the district court properly denied plaintiff's request for leave to amend its complaint a second time because plaintiff failed to indicate how further amendment would permit it to cure the deficiencies in the First Amended Complaint.

Appellate Information

• Decided 07/15/2014
• Published 07/15/2014

Judges

• LIVINGSTON

Court

• United States Second Circuit

Counsel