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16-1065 - Cree, Inc v. Xiu Ping Chen et al

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16-1065 - Cree, Inc v. Xiu Ping Chen et al
July 28, 2017
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OPINION & ORDER granting in part and denying in part Defendants' 90 Motion to Dismiss for Failure to State a Claim. Defendants' motion to dismiss is denied as to: (1) the false designation of origin claim; (2) the trademark infringement claim; and (3) Enumber. As to the XM-L and XLAMP Marks, defendants' motion is granted and plaintiff's claims premised on these two Marks are dismissed. If plaintiff wishes to amend, it must seek leave to do so by 8/24/2017. Ordered by Judge Nina Gershon on 7/27/2017. (Barrett, C)