When a huge South American corporation sued a small chain of Bronx grocery stores for using the name “Exito” (meaning “Success” in Spanish), FLG argued the Plaintiff had no trademark rights in the United States. The Plaintiff was known as “the Wal-Mart of South America”, having long prior use of the “Exito” designation in Columbia and the rest of the South American continent. Plaintiff had even applied for a United States trademark registration. However, it had never used the trademark in the United States before the Bronx grocers. We argued Plaintiff had no Federal Trademark rights, and the District Court for the Southern District of New York, Judge Rakoff, agreed. His Honor granted FLG’s motion to dismiss the Federal trademark claims, and the South American Wal-Mart settled the case. The chain of Bronx grocers was very happy. The case set a precedent for foreign companies seeking to protect their marks in the United States.