![]() Because Chanel adequately alleges that The RealReal marketed and sold counterfeit Chanel products, and because The RealReal’s advertising regarding the authenticity of the products it sells is literally false, The RealReal’s motion to dismiss Counts Two (trademark counterfeiting/infringement under 15 U.S.C. Before me is Defendant The RealReal, Inc.’s (“Defendant” or “The RealReal”) motion to dismiss the First Amended Complaint. §§ 1114(1) and 1125(a), and several related claims under New York state common and statutory law. (“Plaintiff” or “Chanel”) brings this action alleging claims for trademark infringement, counterfeiting, false endorsement, unfair competition, and false advertising under Sections 31(1) and 43(a) of the Lanham Act, 15 U.S.C. BRODERICK, United States District Judge: Plaintiff Chanel, Inc. De Lilly Sidley Austin LLP New York, New York Counsel for Defendant 1 VERNON S. Harris Yotam Barkai Boies Schiller Flexner LLP New York, New York Counsel for Defendant Rollin A. ![]() Dunn Boise Schiller Flexner LLP Washington, D.C. Monahan Hyo Jin Paik Sheppard, Mullin, Richter & Hampton LLP New York, New York Counsel for Plaintiff Karen L. ![]() : : -X 18-CV-10626 (VSB) OPINION & ORDER Appearances: Theodore C. 39 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -X : CHANEL, INC., : : Plaintiff, : : -against: : THE REALREAL, INC., : : Defendant. The Clerk of Court is respectfully directed to terminate the open motion at Document 29. Accordingly, it is hereby: ORDERED that Defendant shall have thirty (30) days from the entry of this Opinion & Order to file an answer to the First Amended Complaint. § 1125(a)(1)(B)), and Five (unfair competition under New York common law). Defendants motion is DENIED with respect to Counts Two (trademark counterfeiting/infringement under 15 U.S.C. § 1125(a)(1)(A)), Six (violations of GBL section 349), and Seven (violations of GBL section 350). § 1114(1)(a)), Four (false endorsement and unfair competition under 15 U.S.C. Specifically, Defendant's motion is GRANTED with respect to Counts One (trademark infringement under 15 U.S.C. For the foregoing reasons, Defendants motion to dismiss the First Amended Complaint is GRANTED IN PART and DENIED IN PART. Court Description: OPINION AND ORDER re: 29 MOTION to Dismiss First Amended Complaint.
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