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Trademark | New York Southern
Order
OPINION AND ORDER re: 146 MOTION to Dismiss Defendants' Counterclaims. filed by Sulzer Mixpac AG0 The Court is not unsympathetic to the position in which DXM finds itself as a result of the bargain that it struck. However, DXM is not without recourse. DXM remains free to seek cancellation before the TTAB of any registered marks that ought to be vacated in light of A&N Trading, which may in turn address the vestigial CBP recordations of which DXM complains. Ultimately, a ny effect of the A&N Trading decision on the validity of Mixpac's marks at large is a matter for the TTAB.6 It has no bearing on what is, at bottom, a litigation to enforce a bargained-for settlement agreement between Mixpac and DXM. The Court has considered DXM's remaining arguments and finds them to be without merit. For the foregoing reasons, Mixpac's motion to dismiss (Dkt. 146) is GRANTED. All of DXM's counterclaims are DISMISSED WITH PREJUDICE and leave to amend is DENIED. Within seven days of this Order, the parties shall confer and advise the Court by joint letter how they propose to proceed. The Clerk of the Court shall close Dkt. 146. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/30/2026) (rro)
P.I. : Asbestos | Illinois Southern
Judgment - Clerk
CLERK'S JUDGMENT. Approved by Chief District Judge Staci M. Yandle on 9/22/2026. (mah)
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