UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK □□□□□□□□□□□□□□□□□□□□□□□□□□□ Plaintiff, 20 CIVIL 905 (PGG) (JLC) -against- JUDGMENT NIKE, INC., et al., Defendants. nen nen eK

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated February 16, 2021, this Court adopts the R&R in its entirety; Accordingly, Plaintiffs Lanham Act claims, and trademark infringement and unfair competition claims under New York law, are dismissed pursuant to Fed. R. Civ. P. 12(b)(6). Plaintiffs unjust enrichment claim is dismissed as withdrawn. (See Pltf. Br. (Dkt. No. 62) at 8; R&R (Dkt. No. 111) at 3 n.2) Plaintiffs request for leave to file a second amended complaint is denied; This Court certifies under

(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States,

(1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). Dated: New York, New York February 17, 2021

RUBY J. KRAJICK Clerk of Courf77 BY: D _) 1, on Dept Clerk