Plaintiff appeals from a grant of summary judgment by the United States District Court for the Southern District of New York (Swain, J.), dismissing claims of trademark infringement, false designation of origin and unfair competition under the doctrine of res judicata. Plaintiff appeals also from the district court’s denial of Plaintiff’s motions for leave to file an amended complaint and to hold the Defendants in contempt. The Court of Appeals (Leval, J.) concludes that the district court erred in granting summary judgment, as well as in denying Plaintiff’s motion for leave to file an amended complaint, as res judicata does not bar these claims. The denial of contempt sanctions is affirmed. Accordingly, the judgment is AFFIRMED IN PART and VACATED IN PART.