In Can’t Live Without It LLC v ETS Express Inc (Case No 17-CV-3506 (JSR), 2018 WL 401778 (SDNY), January 15 2018), the federal court for the Southern District of New York granted a partial summary judgment dismissing a federal claim for false designation of origin and unfair competition under 15 USC 1125(a) and state claims for deceptive trade practices and false advertising. However, it refused to dismiss the federal trademark infringement and state common law trade dress infringement claims and the state common law unfair competition claims against the owner of an alleged knock-off product.

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