SPHEREGEN HOLDING LLC

Judicial Publications

2nd

28:1441 Petition for Removal

civil

Trademark

Ted Dinsmore

Defendant

SPHEREGEN HOLDING LLC

Defendant

SPHEREGEN TECHNOLOGIES LLC

Defendant

Craig Andrews

Plaintiff

William Padula

Plaintiff

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2025-03-28

ORDER dismissing 19 Motion for Preliminary Injunction; granting 22 Motion to Dismiss.For the reasons set forth in the attached Ruling and Order, the Defendants' motion to dismiss is GRANTED, any federal trademark infringement and copyright claims within Counts 3 and 4 of the Amended Complaint are DISMISSED with prejudice, and VeyeZER's motion for preliminary injunction is DENIED.All of the remaining state law claims will be dismissed without prejudice, and remanded back to the Superior Court for the State of Connecticut, Judicial District of New Haven, although any such remand will await further adjudication, to the extent that the Plaintiffs seek to file a motion for leave to file a Second Amended Complaint with a claim under Connecticut law, not preempted by the Federal Copyright Act, by April 18, 2025.If, after the Court's review of such a proposed claim, a viable claim under Connecticut law exists that is not preempted by the Copyright Act, all state law claims, including any new state law claim, will be remanded back to the Superior Court for the State of Connecticut, Judicial District of New Haven. If a motion for leave to file a Second Amended Complaint with a viable, non-preempted claim under Connecticut law is not filed by April 18, 2025, then the Court will issue an order dismissing all state law claims without prejudice and remanding the case back to the Superior Court for the State of Connecticut, Judicial District of New Haven. Signed by Judge Victor A. Bolden on 3/28/2025. (McCowan, D)