Denaro Puro LLC v. Nike, Inc.
- Ho
- 1:25-cv-02812
- U.S. District Court · Southern District of New York
- 4
In Jamaal Russ v. Nike, Inc., Judge Ho dismissed the trademark case without prejudice because an LLC cannot appear without a lawyer.
Jamaal Russ and Denaro Puro LLC’s trademark claims against Nike, Inc. and Stadium Enterprises LLC were dismissed without prejudice and without leave to amend. Russ’s fee-waiver motion was denied as moot, and fee-waiver status for an appeal was denied.
What happened
Jamaal Russ v. Nike, Inc. involved claims that Nike, Inc. and Stadium Enterprises LLC, also known as Stadium Goods, infringed the “DENARO PURO” trademark. The trademark was held by Denaro Puro LLC, which Russ owned and operated. Russ filed the case without a lawyer under federal trademark law and New York law.
The court explained that a limited liability company is a separate legal entity and must appear in federal court through a licensed lawyer. Russ could represent himself only for claims involving his own personal interests, but the claims in this case were based on alleged infringement of Denaro Puro LLC’s trademark. The court therefore found the action frivolous and concluded that amendment could not fix the problem.
Judge Dale E. Ho dismissed the action without prejudice and without leave to amend. The court also denied as moot Russ’s request to withdraw his fee-waiver status because he had paid the filing fees, and denied fee-waiver status for any appeal.
The detailed version
- Denaro Puro LLC v. Nike, Inc. · No. 1:25-cv-02812
- Ho
- June 3, 2025
Background
Jamaal Russ filed the action against Nike, Inc. and Stadium Enterprises LLC, also known as Stadium Goods. He appeared without a lawyer and asserted claims under the federal trademark statute, the Lanham Act, and New York General Business Law. The claims included trademark infringement, false designation of origin, unfair competition, and trademark dilution.
Russ alleged that Nike used the marks “PURE MONEY” and “AIR MORE MONEY” in connection with footwear that allegedly infringed the “DENARO PURO” trademark. He also alleged that Stadium Goods infringed the trademark by reselling the Nike sneakers. The opinion states that Denaro Puro LLC held the trademark and that Russ owned and operated that company.
Court’s analysis
The court explained that federal law allows a person to represent himself but does not allow a nonlawyer to represent another person or a separate legal entity. A limited liability company is legally separate from its owner and therefore must appear in federal court through a licensed lawyer.
The court concluded that Russ was attempting to bring claims on behalf of Denaro Puro LLC because the claims were based on alleged infringement of the trademark held by that LLC. Although Russ could pursue claims for harm personal to him, he could not represent the LLC without a lawyer or seek relief solely for infringement of a trademark owned by the LLC. The court dismissed the action as frivolous. It also concluded that the defect could not be cured by amendment and declined to allow an amended complaint.
Disposition
The court dismissed the action without prejudice and without leave to amend. It dismissed Russ’s claims against Nike, Inc. and Stadium Enterprises LLC because the trademark holder was an LLC that could not appear in federal court without a lawyer.
The court denied as moot Russ’s motion to withdraw his fee-waiver status because he had paid the filing fees. The court also certified that any appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.