DECISION AND ORDER INTRODUCTION Plaintiff Stephen E. Barnes (“Barnes”) commenced this derivative action on behalf of Cellino & Barnes, P.C. (“C&B”) on June 5, 2019, alleging claims of trademark infringement, unfair competition, and dilution, pursuant to the Lanham Act, 15 U.S.C. §1051 et seq., the New York General Business Law, and/or New York State common law. (Dkt. 1). Barnes further filed a motion for a temporary restraining order and a preliminary injunction. (Dkt. 4). In response, Defendant Cellino & Cellino, LLP (“C&C”) has filed a motion to cancel all preliminary injunction proceedings and to dismiss the case or, in the alternative, to stay. (Dkt. 24). For the reasons discussed below, the Court grants C&C’s motion to dismiss on the grounds that Barnes has failed to comply with the pleading requirements of Federal Rule of Civil Procedure 23.1. The dismissal is without prejudice. FACTUAL BACKGROUND1 C&B is a personal injury law firm in which Barnes and non-party Ross Cellino have been partners or co-owners since 1992.2 (Dkt. 8 at 8). C&B owns several registered trademarks, including “Cellino & Barnes,” “Cellino and Barnes,” “888-8888,” and “(800)888-8888.” (Id. at 3). Barnes further claims that C&B has “cultivated and used common law marks,” which include “(a) billboards featuring the names and likenesses of Messrs. Barnes and Cellino; (b) a website with a distinctive look and feel; (c) marketing materials in print, audio, and electronic form; and (d) an extensive open-air advertising campaign involving billboards and other publicly posted materials.” (Id. at 4). C&B has invested over $150 million into advertising and marketing and has experienced significant success in the marketplace. (Id. at
56-69). In May 2017, Ross Cellino commenced a special proceeding in New York State Supreme Court, Erie County pursuant to New York Business Corporation Law (“BCL”) §1104, seeking the dissolution of C&B. (Id. at 15). This matter is still pending, and is captioned Cellino v. Cellino & Barnes, P.C., et al., Erie County Index No. 806178/2017 (the “Dissolution Proceeding”). (Id. at
