Opinion
21-cv-5615 (JSR)
12-02-2022
ADIDAS AMERICA, INC., and ADIDAS AG, Plaintiff, v. THOM BROWNE, INC., Defendants.
ORDER
JED S. RAKOFF, DISTRICT JUDGE
On October 21, 2022, plaintiffs adidas America, Inc. and adidas AG (collectively, "adidas") and defendant Thorn Browne, Inc. ("Thorn Browne") filed cross-motions for summary judgment. See ECF Nos. 88, 96. On November 22, 2022, adidas filed a motion to strike Thorn Browne's reply statement of objections and responses to adidas's statement of undisputed material facts. See ECF No. 154 (the motion to strike); ECF Nos. 152-3 (the reply statement).
Upon due consideration, the Court hereby denies adidas's motion to strike. Additionally, the Court hereby denies Thorn Browne's motion for summary judgment and grants that of adidas in part. The Court hereby enters summary judgment in favor of adidas on Thorn Browne's fourteenth affirmative defense and on the portions of Thorn Browne's first affirmative defense that assert acquiescence and estoppel. The Court denies summary judgment to either party on the portion of Thom Browne's first affirmative defense that asserts laches. The Court will issue an opinion setting forth the reasons for these rulings by no later than December 16, 2022.
The Clerk is respectfully directed to close document numbers 88, 96, and 154 on the docket of this case.
SO ORDERED.