Mealey's IP/Tech - 2nd Circuit Affirms Dismissal Of Trademark Case On Alternate Grounds

NEW YORK - Although a New York federal judge erroneously deemed a trademark and copyright plaintiff's complaint barred by the doctrine of res judicata, dismissal of the action was nonetheless warranted on grounds that the plaintiff failed to state a claim upon which relief could be granted, the Second Circuit U.S. Court of Appeals ruled July 15 (TechnoMarine SA v. Giftports Inc., No. 12-4174, 2nd Cir.).

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