Docket
1:19-cv-01262,
New York Southern District Court
(Feb. 8, 2019)
Judge Arun Subramanian, presiding, Magistrate Judge James L. Cott (Settlement)
Trademark
Division | Foley Square |
Flags | CLOSED, CASREF, ECF |
Cause | 15:1125la Trademark Infringement (Lanham Act) |
Case Type | 840 Trademark |
Tags | 840 Trademark, 840 Trademark |
Plaintiff | Solid 21, Inc. |
Defendant | Richemont North America, Inc. |
Defendant | Compagnie Financiere Richemont, S.A. |
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Solid 21, Inc. v. Richemont North America, Inc. et al, 1:19-cv-01262 (S.D.N.Y.)
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S.C. Johnson & Son, Inc. v. Hu, Linfeng, 91295013, No. 4 (T.T.A.B. Dec. 28, 2024)
By the Trademark Trial and Appeal Board: An answer to the notice of opposition was due in this proceeding on December 17, 2024.
Inasmuch as it appears that no answer has been filed, nor has Applicant filed a motion to further extend the time to file an answer, notice of default is hereby entered against Applicant pursuant to Fed. R. Civ.
Applicant is allowed until thirty days from the date of this order to show cause why judgment by default should not be entered against Applicant in accordance with Fed. R. Civ.
The failure to file a timely answer tolls all deadlines, including the discovery conference, until the issue of default is resolved.
The schedule for the discovery conference, initial disclosures, discovery and trial will be reset in the event that the Board resumes proceedings.
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S.C. Johnson & Son, Inc. v. Hu, Linfeng, 91295013, No. 4 (T.T.A.B. Dec. 28, 2024)
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Wisetack, Inc., et al. v. WISE PAYMENTS LIMITED, 98202828, No. 6 (T.T.A.B. Nov. 29, 2024)
The request to extend time to oppose is granted until 01/29/2025 on behalf of potential opposer ADP, Inc..
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Wisetack, Inc., et al. v. WISE PAYMENTS LIMITED, 98202828, No. 6 (T.T.A.B. Nov. 29, 2024)
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S.C. Johnson & Son, Inc. v. Hu, Linfeng, 91295013, No. 2 (T.T.A.B. Nov. 7, 2024)
An answer filed on paper under these limited circumstances must be accompanied by a Petition to the Director (and the required fee under Trademark Rule 2.6).
A request for Board participation must be made either through ESTTA, or by telephone call to the assigned interlocutory attorney named on the TTABVUE record for this proceeding.
During their conference, the parties are to discuss whether they wish to seek mediation or arbitration, and whether they can stipulate to the Board's Accelerated Case Resolution (ACR) process for a more efficient and cost-effective means of obtaining the Board’s determination of the proceeding.
Regarding the scope and limits of discovery, see TBMP 414; discoverable items may include documents, tangible things, and electronically stored information (ESI).
Regarding the procedures and deadlines for pretrial disclosures and trial, and specifically the noticing, taking, serving and submitting of evidence and testimony, see Trademark Rules 2.120(k), 2.121, 2.122, 2.123 and 2.125, as well as TBMP Chapter 700.
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S.C. Johnson & Son, Inc. v. Hu, Linfeng, 91295013, No. 2 (T.T.A.B. Nov. 7, 2024)
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Wisetack, Inc., et al. v. WISE PAYMENTS LIMITED, 98202828, No. 4 (T.T.A.B. Oct. 31, 2024)
The request to extend time to oppose is granted until 11/30/2024 on behalf of potential opposer ADP, Inc..
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Wisetack, Inc., et al. v. WISE PAYMENTS LIMITED, 98202828, No. 4 (T.T.A.B. Oct. 31, 2024)
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Apollo Health and Beauty Care Inc. v. Sol De Janeiro USA Inc. et al, 1:22-cv-07719, No. 309 (S.D.N.Y. Oct. 28, 2024)
No. 129): Mr. Plumpe's testimony and report related to reasonable royalties are excluded, as that claim has been dismissed.
Apollo's motion to exclude the rest of Mr. Plumpe's testimony and report concerning sales and profits is denied, with leave to renew at trial.
155, 159): Dr. Serdari's testimony and report related to prospective corrective advertising are excluded, as that claim has been dismissed.
1 78) : SDJ ' s motion to exclude Mr. Gorowsky ' s test i mony is denied , with leave to renew at tri a l. • Brian Buss (Dkt .
Buss ' s testimony is granted with respect to statements and opinions related to prospective corrective advertising , as wel l as those outside his areas of expertise (financial analysis , intellectua l property valuation , and economic damage s ) .
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Apollo Health and Beauty Care Inc. v. Sol De Janeiro USA Inc. et al, 1:22-cv-07719, No. 309 (S.D.N.Y. Oct. 28, 2024)
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Wisetack, Inc. v. WISE PAYMENTS LIMITED, 98202828, No. 2 (T.T.A.B. Oct. 25, 2024)
The request to extend time to oppose is granted until 01/29/2025 on behalf of potential opposer Wisetack, Inc..
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Wisetack, Inc. v. WISE PAYMENTS LIMITED, 98202828, No. 2 (T.T.A.B. Oct. 25, 2024)
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Apollo Health and Beauty Care Inc. v. Sol De Janeiro USA Inc. et al, 1:22-cv-07719, No. 306 (S.D.N.Y. Oct. 23, 2024)
... U. S . at 248 (internal quotations and citations omitted) ; see also Hicks v . Baines , 593 F . 3d 159 , 166 (2d Cir . 2010) ( " [M]ere conclusory allegations or denials ... cannot by themselves create a genuine issue of material fact where none ...
"Although the Second Circuit has stated that district courts should be cautious in weighing these factors at the summary judgment stage, it has nonetheless supported summary judgment in cases where the proponent of the alleged ...
... is not likely . " Id . at 74 . 15 Case 1:22-cv-07719-LLS Document 306 Filed 10/23/24 Page 16 of 30 The parties dispute every one of the Polaroid factors , making them inappropriate for resolution on summary judgment . Nonetheless ...
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Apollo Health and Beauty Care Inc. v. Sol De Janeiro USA Inc. et al, 1:22-cv-07719, No. 306 (S.D.N.Y. Oct. 23, 2024)
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Apollo Health and Beauty Care Inc. v. Sol De Janeiro USA Inc. et al, 1:22-cv-07719, No. 266 (S.D.N.Y. Jul. 26, 2024)
APOLLO HEALTHCARE CORP .
Plaintiff , - against - SOL DE JANEIRO USA INC. and SOL DE JANEIRO Ip' INC., - - - - - - - - - Defendants.
- - - - - - For the reasons stated on the record at the status conference on June 25, 2024, all of the parties' outstanding motions to seal are denied, with leave to refile in accordance with the specifications discussed at the conference.
So ordered .
Dated: New York, New York July U, 2024 t(f]M·s LJ1 s~(_
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Apollo Health and Beauty Care Inc. v. Sol De Janeiro USA Inc. et al, 1:22-cv-07719, No. 266 (S.D.N.Y. Jul. 26, 2024)
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Apollo Health and Beauty Care Inc. v. Sol De Janeiro USA Inc. et al, 1:22-cv-07719, No. 212 (S.D.N.Y. May. 29, 2024)
Motion to SealGranted
Finally, Apollo must file two documents under seal that were produced by SDJ as "Highly Confidential -Attorney's Eyes Only" to comply with its contractual obligations pursuant to the Stipulation and Confidentiality Agreement and Protective Order dated May 26, 2023 ("Protective Order") [ECF No .
Greenberg Traurig, LLP I Attorneys at Law 90 South Seventh Street I Suite 3500 I Minneapolis, Minnesota 55402 I T +1 612.259.9700 I F +1 612.677.3101 Albany.
Apollo is unable to print these spreadsheets in a format that could be filed in the ECF system or would be readable for Your Honor.
Report but was not substantively referenced in connection with any of the prior motions, Apollo did not provide Your Honor with a flash drive.
Apollo understands that "[b ]ecause a stipulated confidentiality or protective order does not take into account the special (and Constitutional) public interests in access to materials submitted to a court to influence a judicial action, it does not serve as an independent basis for sealing documents submitted in court applications."
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Apollo Health and Beauty Care Inc. v. Sol De Janeiro USA Inc. et al, 1:22-cv-07719, No. 212 (S.D.N.Y. May. 29, 2024)
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International Business Machines Corporation v. Zillow Group Inc et al, 2:20-cv-01130, No. 86 (W.D.Wash. Mar. 20, 2024)
The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge: Pursuant to the parties’ stipulation, docket no. 252 in Case No. C20-851,
Plaintiff’s other claims having already been dismissed, see Minute Order at ¶ 1 (docket no. 55); Order (docket no. 66); Mandate (docket no. 82), no responsive pleading having been filed, no counterclaim having been asserted, and no issue remaining in this matter for the Court’s consideration, the Clerk is DIRECTED to CLOSE Case No. C20-1130.
(3) With regard to plaintiff’s sole remaining claim, namely the Second Claim in Case No. C20-851, relating to U.S. Patent No. 7,631,346, and defendants’ associated counterclaims, Case No. C20-851 remains STAYED pending the resolution of Ebates Performance Marketing, Inc. d/b/a Rakuten Rewards v. International Business Machines Corp., Nos. 24-1170, 24-1238, & 24-1274 (consolidated).
The parties are DIRECTED to file a Joint Status Report within fourteen (14) days after the Federal Circuit issues any substantive decision.
The Clerk is directed to send a copy of this Minute Order to all counsel of Dated this 20th day of March, 2024.
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International Business Machines Corporation v. Zillow Group Inc et al, 2:20-cv-01130, No. 86 (W.D.Wash. Mar. 20, 2024)
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International Business Machines Corporation v. Zillow Group Inc et al, 2:20-cv-01130, No. 83 (W.D.Wash. Mar. 5, 2024)
Report within fourteen (14) days of the date of this Minute Order addressing the following issues: (a) Whether the stay of these matters should be lifted with respect to U.S. Patent No. 8,315,904 (“the ’904 Patent”) (Seventh Claim in Case No. C20- 851) and U.S. Patent No. 7,543,234 (“the ’234 Patent”) (Third Claim in Case No. C20-1130);
claim construction (if needed), completion of discovery, dispositive motions, and trial; (c) Whether plaintiff is bound by the decision in International Business Machines Corp. v. Zynga Inc., 642 F. Supp.
Corp., No. 22-1756, in which oral argument was heard on October 4, 2023, and the ’346 Patent is involved in a different case before the Federal Circuit, Ebates Performance Mktg., Inc. d/b/a Rakuten Rewards v. Int’l Bus.
The parties are DIRECTED to file a Joint Status Report within fourteen (14) days after the Federal Circuit issues any substantive decision in either matter.
The Clerk is directed to send a copy of this Minute Order to all counsel of Dated this 5th day of March, 2024.
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International Business Machines Corporation v. Zillow Group Inc et al, 2:20-cv-01130, No. 83 (W.D.Wash. Mar. 5, 2024)
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International Business Machines Corporation v. Zillow Group Inc et al, 2:20-cv-00851, No. 251 (W.D.Wash. Mar. 5, 2024)
Report within fourteen (14) days of the date of this Minute Order addressing the following issues: (a) Whether the stay of these matters should be lifted with respect to U.S. Patent No. 8,315,904 (“the ’904 Patent”) (Seventh Claim in Case No. C20- 851) and U.S. Patent No. 7,543,234 (“the ’234 Patent”) (Third Claim in Case No. C20-1130);
claim construction (if needed), completion of discovery, dispositive motions, and trial; (c) Whether plaintiff is bound by the decision in International Business Machines Corp. v. Zynga Inc., 642 F. Supp.
Corp., No. 22-1756, in which oral argument was heard on October 4, 2023, and the ’346 Patent is involved in a different case before the Federal Circuit, Ebates Performance Mktg., Inc. d/b/a Rakuten Rewards v. Int’l Bus.
The parties are DIRECTED to file a Joint Status Report within fourteen (14) days after the Federal Circuit issues any substantive decision in either matter.
The Clerk is directed to send a copy of this Minute Order to all counsel of Dated this 5th day of March, 2024.
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International Business Machines Corporation v. Zillow Group Inc et al, 2:20-cv-00851, No. 251 (W.D.Wash. Mar. 5, 2024)
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Barr Laboratories, Inc. v. Chengdu Ucello Biotechnology Co., Limited, 97833525, No. 2 (T.T.A.B. Feb. 14, 2024)
The request to extend time to oppose is granted until 05/15/2024 on behalf of potential opposer Barr Laboratories, Inc..
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Barr Laboratories, Inc. v. Chengdu Ucello Biotechnology Co., Limited, 97833525, No. 2 (T.T.A.B. Feb. 14, 2024)
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Barr Laboratories, Inc. v. Chengdu Ucello Biotechnology Co., Limited, 97833515, No. 2 (T.T.A.B. Feb. 14, 2024)
The request to extend time to oppose is granted until 05/15/2024 on behalf of potential opposer Barr Laboratories, Inc..
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Barr Laboratories, Inc. v. Chengdu Ucello Biotechnology Co., Limited, 97833515, No. 2 (T.T.A.B. Feb. 14, 2024)
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