Bankruptcy Group Secures 2nd Circuit Victory in Trademark Dispute
September 12, 2024 – Robert L. Rattet, Partner and Practice Chair, and James Glucksman, Of Counsel of the Bankruptcy Law practice, recently secured a significant win at the Second Circuit in a longstanding trademark dispute involving the owners of L&L Wings. The case stemmed from a 2011 settlement between L&L Wings and Marco Destin Inc. over a trademark dispute, which Marco Destin sought to reopen more than a decade later, alleging fraud.
The court ruled that Marco Destin’s claims were too late, emphasizing that they should have uncovered any alleged fraud during the original litigation.
“Both the Second Circuit and the Southern District of New York agreed that while there may have been nondisclosure, Marco Destin had ample opportunity to address these concerns in the initial case but failed to do so,” said Robert L. Rattet, “The decision upholds the finality of the original $3.5 million settlement.”
The successful defense of L&L Wings owners reinforces the firm’s expertise in handling complex litigation and underscores the importance of due diligence in litigation.
“This highlights our firm’s ability to achieve favorable outcomes for clients even in challenging cases,” said Glucksman.
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