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Court Dismisses New York Man's "Roll With The Winner's" Trademark Suit Against Take-Two for Failure to Prosecute
Shawn Graham sued Take-Two pro se asserting claims for trademark infringement, unfair competition, and unjust enrichment. He owns two registered trademarks: “RWTW” and “ROLL WITH THE WINNER’S” and uses social media and websites to promote music and clothing. Both websites use the same logo:
Graham asserted that Take-Two had sold a video game (NBA 2k19 Anniversary Edition) using the acronym RWTW on video game cover art, content and packaging. The court previously dismissed Graham’s unjust enrichment claim.
On June 22, 2020, the district court adopted the magistrate’s report and dismissed the rest of the lawsuit without prejudice for failure to prosecute.
(A minor post for a minor case)