Senior U.S. district judge grants motion to dismiss, with prejudice, in favor of American retailer Express, LLC

September 30, 2019

Director of Media Relations
Nicholas Braude

New York, NY. Nixon Peabody successfully secured a dismissal for American fashion retailer Express, LLC, in a dispute involving allegations of trademark infringement, unfair competition and false designation of origin, copyright infringement, and unjust enrichment.

These federal and state claims were initiated by pro se plaintiff Robert Lopez against Express and various defendants. However, Express products clearly state their source and overwhelmingly contain the “Express” trademark and additional branding.

When Express tried to obtain more information, Lopez provided a photo of one t-shirt, the Griffin Shirt, which was produced 12 years ago—far beyond the statute of limitations. Further, Lopez did not own the trademark to “Lower East Side” that appeared on the Griffin Shirt.

Lopez’s inability to substantiate his allegations with evidence and facts contributed to Senior U.S. District Judge Loretta A. Preska from the Southern District of New York granting Nixon Peabody’s motion to dismiss, with prejudice, on behalf of Express.

“We are thrilled that Judge Preska saw the complaint for what it was: a deficient pleading that lacked factual basis, let alone any basis requiring Express and the other defendants to defend themselves in court,” said Staci J. Riordan, a deputy leader of Nixon Peabody’s Litigation Department.

Express’s defense team in Robert G. Lopez v., Inc. et al. was led by Riordan, an Intellectual Property partner, and included Complex Commercial Litigation partner Kristin Jamberdino, Intellectual Property associate Sydney Pritchett, and Complex Commercial Litigation associate Paul Dewey.

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