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No. 72 INTERNET CITATION NOTE: Material from decision with Internet citation re: 66 Memorandum & Opinion

Document DFO Global Performance Commerce Limited (Canada) et al v. Nirmel et al, 1:20-cv-06093, No. 72 (S.D.N.Y. Aug. 18, 2021)
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Reload https://getblaux.com 1/1 Cited inDFO Global Performance Com merce LTD v Nirmel 20CV6093 Decided 8/6/21 Further reproductionis prohibited without permission.
This document is protected by copyright.
Archived on 8/9/21
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No. 74 NOTICE OF APPEARANCE by Justin David Heller on behalf of Daniel Hughes, Scented Geranium Ltd., ...

Document DFO Global Performance Commerce Limited (Canada) et al v. Nirmel et al, 1:20-cv-06093, No. 74 (S.D.N.Y. Aug. 25, 2021)
JOHN DOES 1-20, and ABC CORPS.
PLEASE TAKE NOTICE that Justin D. Heller of the law firm of Goulston & Storrs PC, who is a member in good standing of the bar of this Court, hereby appears as counsel for defendants Daniel Hughes, Flynn Stevens, Scented Geranium Ltd. and The Real Steve Life, Inc. and requests that all subsequent pleadings, notices, orders, correspondence and other papers be directed to the undersigned at the address set forth below or through the Court's electronic filing system.
Dated: August 25, 2021
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No. 75 ANSWER to 36 Amended Complaint, with JURY DEMAND

Document DFO Global Performance Commerce Limited (Canada) et al v. Nirmel et al, 1:20-cv-06093, No. 75 (S.D.N.Y. Aug. 27, 2021)
Answer
The S/H Defendants lack knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 58, including whether Exhibit 1 attached to the Amended Complaint is what Plaintiffs purport it to be.
Plaintiffs’ Lanham Act claim with respect to the S/H Defendants’ alleged use of the Marks in urls and webpage addresses to sell competing products was dismissed (Opinion and Oder, ECF No. 66), and accordingly, no response is required to Paragraph 123.
First Affirmative Defense The Amended Complaint and each count thereof fails to state a claim upon which relief can be granted as against the S/H Defendants.
Sixth Affirmative Defense Plaintiffs are not entitled to the relief requested in the Amended Complaint due to the doctrine of unclean hands.
Seventh Affirmative Defense Plaintiffs’ claims for trademark infringement and unfair competition are barred in whole or in part because Plaintiffs are not the owner of the rights and goodwill associated with the “Blaux” name.
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No. 76 ANSWER to 36 Amended Complaint,., THIRD PARTY COMPLAINT against Bruce Akira Cran., COUNTERCLAIM ...

Document DFO Global Performance Commerce Limited (Canada) et al v. Nirmel et al, 1:20-cv-06093, No. 76 (S.D.N.Y. Aug. 27, 2021)
Answer
ANSWER: Nirmel admits that Plaintiffs market and sell some consumer products, the majority of which they do not design and none of which they manufacture, over the internet.
Stevens and Hughes thereby gained a special, unfair advantage in that competition because Stevens and Hughes were burdened with little or none of the expense incurred by the Plaintiffs in developing the Marks and creative works and ...
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No. 78 ANSWER to 36 Amended Complaint,., THIRD PARTY COMPLAINT against Bruce Akira Cran., COUNTERCLAIM ...

Document DFO Global Performance Commerce Limited (Canada) et al v. Nirmel et al, 1:20-cv-06093, No. 78 (S.D.N.Y. Aug. 31, 2021)
Answer
ANSWER: Nirmel admits that Plaintiffs market and sell some consumer products, the majority of which they do not design and none of which they manufacture, over the internet.
Stevens and Hughes thereby gained a special, unfair advantage in that competition because Stevens and Hughes were burdened with little or none of the expense incurred by the Plaintiffs in developing the Marks and creative works and ...
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No. 77 ANSWER to 1 Complaint,., THIRD PARTY COMPLAINT against Bruce Akira Cran., COUNTERCLAIM against ...

Document DFO Global Performance Commerce Limited (Canada) et al v. Nirmel et al, 1:20-cv-06093, No. 77 (S.D.N.Y. Aug. 30, 2021)
Answer
ANSWER: Nirmel admits that Plaintiffs market and sell some consumer products, the majority of which they do not design and none of which they manufacture, over the internet.
Stevens and Hughes thereby gained a special, unfair advantage in that competition because Stevens and Hughes were burdened with little or none of the expense incurred by the Plaintiffs in developing the Marks and creative works and ...
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No. 80 LETTER MOTION for Extension of Time addressed to Judge J. Paul Oetken from Barry J. Muller ...

Document DFO Global Performance Commerce Limited (Canada) et al v. Nirmel et al, 1:20-cv-06093, No. 80 (S.D.N.Y. Sep. 10, 2021)
Motion to Extend Time
Re: DFO Global Performance Limited, et al. v. Nirmel et al., No. 20-cv-06093 (JPO) Dear Judge Oetken: This firm represents Plaintiffs in the above referenced action.
On August 27, 2021, Nirmel filed the Counterclaims against Plaintiffs DFO Global Performance Commerce Limited (Canada) and DFO Global Performance Commerce Limited (Nevada) (the “Counterclaim Defendants”) [ECF # 76].
As it stands, the Counterclaim Defendants’ time to answer or otherwise move is set for September 17, 2021.
The Counterclaim Defendants respectfully request a thirty-day extension of time to answer or otherwise move, making their response due by October 18, 2021.
Additionally, given Nirmel’s filing of a Third-Party Complaint and the fact that the third- party defendant has yet to be served, Plaintiffs seek an adjournment of the Pretrial Conference, which is currently scheduled for September 22, 2021.
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No. 82 LETTER MOTION to Compel addressed to Judge J. Paul Oetken from Gabriel Levinson dated September ...

Document DFO Global Performance Commerce Limited (Canada) et al v. Nirmel et al, 1:20-cv-06093, No. 82 (S.D.N.Y. Sep. 23, 2021)
Motion to Compel
polsinelli.com Atlanta Boston Chicago Dallas Denver Houston Kansas City Los Angeles Miami Nashville New York Phoenix St. Louis San Francisco Seattle Silicon Valley Washington, D.C. Wilmington Polsinelli PC, Polsinelli LLP in California Honorable J. Paul Oetken September 23, 2021 Page 2 several which enables service of process on an international defendant.” Paushok v. Gambold, 487 F. Supp.
In Paushok, the court found it was reasonable to allow service via email on the defendants and via email/mail on the defendants’ counsel, as that was “reasonably calculated, under all circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” 487 F. Supp.
Honorable J. Paul Oetken September 23, 2021 Page 3 Service on Cran in Vietnam ordinarily is effectuated through the Hague Convention, and not only is very expensive for an individual such as Nirmel, but significantly will delay this matter.
“In general, the ‘fact of retainer [and] identity of the client’ are not privileged, because they do not qualify as ‘confidential communications’ made for the purpose of securing legal advice.” Newmarkets Partners LLC v. Sal Oppenheim Jr. & Cie.
Respectfully, Gabriel Levinson Attachment Honorable J. Paul Oetken September 23, 2021 Page 6 cc: All Counsel of Record (by ECF w/attachment) Mr. Krishna Delahunty Nirmel (by e-mail w/attachment)
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No. 619288-1

Document Certain Doxycline, 337-, No. 619288-1 (U.S.I.T.C. Aug. 7, 2017)

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No. 619307-1

Document Certain Doxycline, 337-, No. 619307-1 (U.S.I.T.C. Aug. 7, 2017)

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No. 619287-1

Document Certain Doxycline, 337-, No. 619287-1 (U.S.I.T.C. Aug. 7, 2017)

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No. 623669-1

Document Certain Doxycline, 337-, No. 623669-1 (U.S.I.T.C. Sep. 22, 2017)

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No. 619425-1

Document Certain Doxycline, 337-, No. 619425-1 (U.S.I.T.C. Aug. 8, 2017)

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No. 619313-1

Document Certain Doxycline, 337-, No. 619313-1 (U.S.I.T.C. Aug. 7, 2017)

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No. 619363-1

Document Certain Doxycline, 337-, No. 619363-1 (U.S.I.T.C. Aug. 8, 2017)

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