“Tr.” refers to the transcript of the evidentiary hearing.
Both in documents and in testimony presented at the
evidentiary hearing on the instant motion, Mr. Sadiqulla is oftenreferred to as Mr. “Sadiq,” an abbreviated form of his name.3For the reasons set forth below, Joe’s Jeans’ motion to strikeMr. Sadiqulla’s affidavit is denied, but its alternativeapplication that the Court consider its surreply is granted. Themotion by Revise to disqualify Pryor Cashman as counsel for Joe’sJeans is denied.BackgroundIn October 2007, Gordon Troy, an attorney who had representedRevise in intellectual property matters, contacted Brad Rose, apartner at Pryor Cashman, requesting that Pryor Cashman representRevise in connection with a dispute it was having with Jean CityUSA and Wet Jeans, Inc. (collectively, “Wet Jeans”) (Declarationof Brad D. Rose dated Oct. 2, 2009 (“Rose Decl.”), ¶ 3; Tr. at148). Mr. Troy and Mr. Rose had met in 2003 and subsequently
enjoyed a professional relationship. (Rose Decl., ¶ 2). Mr. Troyadvised Mr. Rose that Wet Jeans was selling jeans that bore a marksubstantially similar to Revise’s VANILLA STAR trademark. (RoseDecl., ¶ 3; Tr. at 148). Although Mr. Troy had sent Wet Jeans acease and desist letter, Wet Jeans continued its allegedlyinfringing activity. (Rose Decl., ¶ 3).On November 7, 2007, Mr. Sadiqulla contacted Mr. Rose andasked to discuss the case. (Rose Decl., ¶ 4 & Exh. A). The next