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ARTICLE · 27 SEPTEMBER 2018

Second Circuit Victory Latest Chapter In Donnay Litigation

Pattishall, McAuliffe, Newbury, Hillard & Geraldson LLP
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On August 24, 2017, the U.S. Court of Appeals for the Second Circuit closed the latest chapter of the long-running DONNAY litigation, ruling in favor of our clients Donnay Int'l S.A., Int'l Brand Mgt....

United StatesIntellectual Property
Robert Sacoff
Robert Sacoff

On August 24, 2017, the U.S. Court of Appeals for the Second Circuit closed the latest chapter of the long-running DONNAY litigation, ruling in favor of our clients Donnay Int'l S.A., Int'l Brand Mgt. Ltd, and Brands Holdings Ltd in a suit brought by their 2009 licensee (“Licensee”) of the DONNAY tennis racket brand.

Licensee disputes our clients’ termination of its license, and first sued Donnay Int'l S.A. for two billion dollars ($2,000,000,000.00) in the Supreme Court of New York, Nassau County, in 2014. We removed the case to the U.S. District Court for the Eastern District of New York, in Central Islip, where it was designated Donnay USA Ltd v. Donnay Int'l S.A., Case No. 2:14-cv-06095-SJF-GRB (E.D.N.Y.). We then moved to dismiss it for failure to state a claim. U.S. District Judge Sandra J. Feuerstein granted our motion, with prejudice. Licensee appealed to the Second Circuit Court of Appeals, Case No. 15-2385, but its appeal was dismissed.

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