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Rosenshine v. A. Meshi Cosmetics Indus. Ltd.

Partial Dismissal of Claims Arising From Mark's Counterfeiting, Infringement Explained

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MEMORANDUM AND ORDER   Plaintiffs Oren Rosenshine and Amir Rosenshine, proceeding pro se, bring the instant action against Defendants A. Meshi Cosmetics Industries Ltd. (“A. Meshi”), A to Z Import Inc., and Eyal Noach (collectively, “A to Z”) asserting claims pursuant to the Lanham Act, 15 U.S.C. §§1114, 1125, and New York state laws. A. Meshi moves pursuant to Rules 12(b)(1), 12(b)(2), and 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the complaint for lack of subject-matter jurisdiction, lack of personal jurisdiction, and failure to state a claim. BACKGROUND1 Plaintiffs own the federally-registered Star Gel trademark (the “Trademark”). (Am. Compl. (“Compl.”) 15, ECF No. 32.) The Trademark was created in 2004 by Global Manufacturing Import Export, Inc. (“Global Manufacturing”), a New York corporation. (Id.

4, 6.) On October 5, 2004, Global Manufacturing entered into an agreement with A. Meshi, an Israel-based cosmetics producer, for the manufacture of hair gel bearing the Trademark (the “Agreement”). (Id.) The Agreement granted Global Manufacturing the exclusive right to the Trademark without limitations.2 (Id. 5.) Global Manufacturing sold hair gel bearing the Trademark to retail customers and distributors across the U.S., including to A to Z, a Brooklyn-based distributor of grocery items. (Id.

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