MIAMI — Salt Life has been granted a dismissal by a federal judge in its countersuit litigation involving Shaka Life, based in Medley, Florida, over alleged trademark infringement.
According to the June 27 U.S. District Court for the Southern District of Florida filing, defendant Salt Life LLC filed a motion to dismiss a declaratory judgment filed by plaintiff Shaka Life Inc. as part of litigation involving a trademark dispute.
Shaka Life filed the declaratory judgment action seeking "a declaration" that the Shaka Life trademark does not "constitute trademark infringement" of Salt' Life's trademark or constitute "unfair competition" or "dilution under federal, state or common law."
Salt Life argues that Shaka Life's complaint "constitutes a shotgun pleading" because it does not "plead discrete claims in separate counts."
The court agreed with Salt Life that Shaka Life did not separate each cause of action or claim for relief and that Shaka failed "to comply with basic pleading requirements" according to Federal Rules of Civil Procedure.
U.S. District Judge Federigo Moreno stated that Shaka Life's complaint was an example "of the quintessential 'shotgun'" and should be dismissed.
Moreno dismissed Shaka Life's complaint without prejudice and allowed for an amended complaint to be filed while giving instructions for redrafting of the complaint including that each legal count state a specific "factual and legal basis."
The court ruled that Shaka's failure to amend its complaint would result in the closing of the case.