... four out of the five counts against BMAL and Burke continue.
Merrick, NY (PRWEB) August 12, 2015
On November 13, 2014 FC Online Marketing, Inc. (“FCOM”) filed a Complaint against Burke’s Martial Arts, LLC, (“BMAL”) and John Jacob Burke (“Burke”) (collectively “Defendants”), both citizens of Rhode Island. See Complaint. FCOM’s Amended Complaint contained the following five Counts: (1) Copyright Infringement; (2) Trademark Infringement; (3) Cybersquatting; (4) Unfair Competition; and (5) Trade Dress Infringement.
On July 9, 2015, the Eastern District of New York issued a 63 page Order (See Order Civil Case No. 14-CV-3685) and held as follows: (1) Denied the dismissal of Counts 1-4 against Burke personally—Burke as an individual remains a defendant in the case; (2) Denied the dismissal of FCOM’s Copyright Count against both BMAL and Burke; and (3) Granted Defendants’ dismissal of FCOM’s Trade Dress Count. Defendants’ motion to dismiss did not challenge FCOM’s Trademark Infringement Count, its Cybersquatting Count, and its Unfair Competition Count. Thus four out of the five counts against BMAL and Burke continue.
Michael Parrella, CEO of FCOM, stated: “The Court issued a thorough analysis of the facts and the law and we respect the Court’s decision. As to FCOM’s trade dress, we agree that FCOM can improve the enforcement of its trade dress within its franchisee community and we will vigorously move to do so. With respect to four of the five counts that continue in this case, FCOM will aggressively prosecute these counts against BMAL and Burke through trial on the merits if required.”
About FC Online Marketing, Inc. (FCOM)
FCOM is a corporation that provides website design, search engine optimization, lead generation and other online marketing services and products to its weight loss through fitness licensees and franchisees, and who is domiciled in the State of New York, having its principal place of business in Nassau County, 3601 Hempstead Turnpike, Suite 503, Levittown, New York 11756.