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Rosehoff Ltd. v. Cataclean Americas LLC

Dismissal, Judgment Motions Both Denied Where License Agreement Found Ambiguous

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DECISION & ORDER This case is the latest skirmish in a prolonged dispute between Rosehoff, Ltd. (“Rosehoff”), a limited liability company based in the United Kingdom, and various United States-based companies and individuals who are purportedly infringing Rosehoff’s intellectual property rights. Rosehoff alleges that the defendants — Cataclean Americas, LLC (“Cataclean Americas”); Truscott Terrace Holdings, LLC; Truscott Terrace Holdings Group, LLC; Truscott Terrace International Holdings Group, LLC; and Gordon and Gregory Gannon — “repeated[ly], willful[ly], and egregious[ly] misappropriat[ed]” and unlawfully used “ Rosehoff’s intellectual property associated with the Cataclean fuel and exhaust system cleaner.” Docket Item 4 at

2-8 (capitalization removed). On March 17, 2021, Rosehoff filed a complaint asserting claims under the Lanham Act, the New York General Business Law, and New York State common law, and about a month later it filed an amended complaint. Docket Items 1, 4. On June 17, 2021, the defendants answered the amended complaint, Docket Item 5, and Cataclean Americas moved to dismiss about two months later, Docket Item 11. Rosehoff responded to Cataclean Americas’ motion to dismiss and cross-moved for summary judgment on September 13, 2021. Docket Item 17. Cataclean Americas replied in further support of its motion to dismiss on September 27, 2021, Docket Item 18, and all defendants responded to Rosehoff’s motion for summary judgment on November 22, 2021, Docket Item 22. Rosehoff replied in further support of its motion for summary judgment on December 7, 2021. Docket Item 24. For the reasons that follow, Cataclean Americas’ and Rosehoff’s motions are both denied. FACTUAL BACKGROUND1 According to Rosehoff, Rosehoff and “its wholly-owned subsidiary, System Products U.K. Ltd. (“Systems Products”), are the exclusive owners of [] intellectual property associated with [] Cataclean,” a “chemical compound fuel and exhaust system cleaner.” Docket Item 17-10 at

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