Technomarine SA v. Giftports, Inc.
July 29, 2014
Appeal from a September 10, 2012, order of the United States District Court for the Southern District of New York (Batts, J.), granting the Defendant‐Appellee’s motion to dismiss. We consider whether an earlier litigation between the parties resolving, inter alia, claims of trademark infringement, bars the present suit over similar conduct occurring after the date of the settlement agreement that concluded the first litigation. We determine that Plaintiff‐Appellant’s claims arising after the first litigation are not barred by res judicata. Nonetheless, we affirm the order of the district court on the basis of its alternate holding that Plaintiff‐Appellant failed to state a claim on which relief may be granted. Further, we affirm the district court’s denial of Plaintiff‐Appellant’s request for leave to amend its complaint a second time because Plaintiff‐Appellant failed to indicate how further amendment would permit it to cure the deficiencies in the First Amended Complaint. AFFIRMED.
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