Motion-Secondary: Jmb Apparel Designer Group, Inc. v. Robert S Arochas, D-Nach, Ltd., Fab Mill, Inc.

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                                FILED:         NEW     YORK       COUNTY        CLERK        12/13/2010                                             INDEX    NO.   651885/2010
   NYSCEF     DOC.   NO.   24                                                                                 RECEIVED      NYSCEF:     12/13/2010




                       SUPREME COURT OF THE STATE OF NEW YORK
                       COUNTY OF NEW YORK
                       ----------------------------------------------------------------------X          Motion No. 1

                       JMB APPAREL DESIGNER GROUP, INC.,                                                Index No. 651885/2010

                                                           Plaintiff,

                       -                 against -                                                      AFFIRMATION IN
                                                                                                        OPPOSITION TO
                       ROBERT S. AROCHAS, D-NACH, LTD.                                                  MOTION
                         and FAB MILL INC.,

                                                           Defendants.
                       ----------------------------------------------------------------------X


                                         LARRY MILLER, an attorney duly admitted to practice law before the

                       Courts of the State of New York, hereby affirms the following as true under penalties of

                       perjury:

                       1.       I am an attorney with Feder Kaszovitz LLP, counsel for defendants herein.                  I have

                       personal knowledge of all matters contained herein, and submit this affirmation in

                       opposition to the motion of plaintiff JMB APPAREL DESIGNER GROUP, INC.

                       (“JMB”) for a preliminary injunction and other equitable relief.

                       2.       I have been practicing law for over 16 years with a specialization in trademarks.

                       Over my career, I have reviewed thousand of trademark file wrappers, conducted hundreds of

                       trademark searches and written opinions on availability of trademarks, filed hundreds of

                       trademark applications with the United States Patent and Trademark Office (“PTO”), and

                       currently oversee a trademark portfolio of over 500 active US registrations and 200 pending

                       applications (not to mention over 600 foreign trademarks).           As such, I am very familiar with

                       the process for identifying potential trademarks and obtaining their registration.