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Olinsky & Assocs. PLLC v. Nutting

Counterclaims Dismissed; Lanham Act's Breach Not Stated, Standing to Bring Claim Lacking

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ADDITIONAL CASES Matthew F. Nutting, and the People’s Representative, LLC, Counter-Plaintiffs, v. Howard D. Olinsky, Megan Wicklund, Edward Wicklund, John McDonough, Kristi Fanelli, and Olinsky & Associates, PLLC, Counter-Defendants MEMORANDUM DECISION AND ORDER I. INTRODUCTION On September 18, 2020, Plaintiff, Olinsky & Associates, PLLC, (hereinafter “Olinsky”) filed this action against Defendants Matthew Nutting and The People’s Representative, LLC, (collectively “Defendants”). Dkt. No. 1. Plaintiff asserted claims against Defendants for violations of the Lanham Act, including trademark infringement, unfair competition, dilution, and cybersquatting. Id. Plaintiff also asserted claims for unfair competition, false advertising, and deceptive business practices under New York General Business Law §349(h) (hereinafter “N.Y. G.B.L.”). Id. On October 12, 2020, Defendants filed an answer to Plaintiff’s complaint and asserted four affirmative defenses and four counterclaims. Dkt. No. 9. As affirmative defenses, Defendants asserted acquiescence, equitable estoppel, laches, and illegality. Id. at

125-32. Defendants also asserted claims against Plaintiff and Counter-Defendants Howard D. Olinsky, Megan Wicklund, Edward Wicklund, John McDonough, and Kristi Fanelli (hereinafter “Counter-Defendants”), for violations of the Lanham Act, common law unfair competition, and violations of N.Y. G.B.L. §§349, 350. Id. at

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