Beata Music LLC v. Dino Danelli et al, No. 1:2018cv06354 - Document 201 (S.D.N.Y. 2022)

Court Description: FINAL JUDGMENT: It is hereby ORDERED, ADJUDGED, AND DECREED : That for the reasons stated in the Court's Memorandum Opinion and Orders dated January 20, 2021 (ECF No. 113), January 6, 2022 (ECF No. 158), and May 9, 2022 (ECF No. 195), Judgment i s entered as follows: On the First Amended Complaint of Plaintiff Beata Music LLC ("Beata"): Neither Dino Danelli nor Eddie Brigati has any enforceable rights in the RASCALS mark for live performances. Beata has not infringed the rights of Brigati or Danelli in the RASCALS mark. Beata's use of the RASCALS mark for live performances and the sale of merchandise at thoseperformances does not constitute false designation of origin with respect to Brigati or Danelli. Brigati has no enf orceable rights arising from the January 5, 1990 settlement agreement. Danelli may not assert against Felix Cavaliere orGene Cornish any claim relating to the January 5, 1990 settlement agreement that was, or could have been, raised in this action. B eata's first and fifth claims for relief are dismissed without prejudice. Brigati's and Danelli's claims against Beata, Cavaliere, and Cornish are d i smissed with prejudice. SO ORDERED., Eddie Brigati, Eddie Brigati, Beata Music LLC (a California Limited Liability company) and Beata Music LLC (a California Limited Liability company) terminated. (Signed by Judge John G. Koeltl on 5/31/2022) (ama)