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Middle Child, LLC v. Middle Child Group, LLC

Docket 2:24-cv-00854, Nevada District Court (May 6, 2024)
Judge James C. Mahan, presiding, Magistrate Judge Nancy J. Koppe
Trademark
DivisionLas Vegas
FlagsAO-120/121
Cause15:44 Trademark Infringement
Case Type840 Trademark
Tags840 Trademark, 840 Trademark
Plaintiff Middle Child, LLC
Defendant Middle Child Group, LLC
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No. 31 ORDER - IT IS HEREBY ORDERED, ADJUDGED, and DECREED that defendant's motion to dismiss (ECF ...

Document Middle Child, LLC v. Middle Child Group, LLC, 2:24-cv-00854, No. 31 (D.Nev. Nov. 15, 2024)
Motion to Dismiss (Demurrer)
While Rule 8 does not require detailed factual allegations, it demands “more than labels and conclusions” or a “formulaic recitation of the elements of a cause of action.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citation omitted).
Thus, to survive a motion to dismiss, a complaint must contain sufficient factual matter to “state a claim to relief that is plausible on its face.” Iqbal, 556 U.S. at 678 (citation omitted).
Second, the factual allegations that are taken as true must plausibly suggest an entitlement to relief, such that it is not unfair to require the opposing party to be subjected to the expense of discovery and continued litigation.
Here, plaintiff’s alleged national magazine features and international social media following (ECF No. 11 at 6) are not connected to and do not establish priority of use in Las Vegas.
Courts assess market penetration by considering sales volume, product growth trends, number of purchasers compared to potential customers, and the amount of advertising.
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No. 28 ORDER denying 18 Motion to Stay Discovery

Document Middle Child, LLC v. Middle Child Group, LLC, 2:24-cv-00854, No. 28 (D.Nev. Oct. 8, 2024)
Motion to StayDenied
Nonetheless, the undersigned has carefully reviewed the arguments presented in the motion to dismiss and subsequent briefing.
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No. 22 ORDER granting 21 Discovery Plan and Scheduling Order

Document Middle Child, LLC v. Middle Child Group, LLC, 2:24-cv-00854, No. 22 (D.Nev. Aug. 22, 2024)
LR 26-1(b) On July 8, 2024, Defendant Middle Child Group, LLC’s (“Defendant”) appeared in this case, triggering the discovery deadlines set forth under LR 26-1(b).
Accordingly, Plaintiff, Middle Child, LLC (“Plaintiff”) and Defendant (collectively, the “Parties”), by and through their respective counsel, hereby submit this Joint Discovery Plan and Scheduling Order.
The Parties will require 180 days of discovery measured from the date that Defendant first appeared and filed its Motion to Dismiss Plaintiff’s Complaint (July 8, 2024).
Alternative Forms of Case Disposition Certification: The Parties certify that they considered consent to trial by a magistrate judge under 28 U.S.C. § 636(c) and Fed. R. Civ.
The parties discussed the presentation of evidence for juror deliberations but did not reach any stipulations as to the method as this early stage.
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No. 16 ORDER Granting 13 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Stephen ...

Document Middle Child, LLC v. Middle Child Group, LLC, 2:24-cv-00854, No. 16 (D.Nev. Aug. 5, 2024)
Motion to Appear Pro Hac ViceGranted
That Petitioner has been retained personally or as a member of the law firm by Middle Child Group, LLC t0 provide legal representation inconnection with [client(s)] the above-entitled case now pending before this Court.
Case 2:24-cv-00854-JCM-BNW Document 15 Filed 08/02/24 Page 5 of 7Case 2:24-cv-00854-JCM-BNW Document 16 Filed 08/05/24 Page 5 of 7 By this designatlon the petitioner and undersigned party(ies) agree that this designation constitutes agreement and authori zationfor the designated resident admitted counsel to sign stipulations binding on all of us.
as associate resident Nevada counsel in this case' The undersigned hereby consents 13877 Bar s law.com Email
Stephen H Bean is currently an ACTIVE member of the Utah State Bar in good standing.
“Good standing” is defined as a lawyer who is current in the payment of all Bar licensing fees, has met mandatory continuing legal education requirements, if applicable, and is not disbarred, presently on probation, suspended, or has not resigned with discipline pending, from the practice of law in this state.
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No. 9 ORDER Granting 8 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Melanie ...

Document Middle Child, LLC v. Middle Child Group, LLC, 2:24-cv-00854, No. 9 (D.Nev. Jul. 16, 2024)
Motion to Appear Pro Hac ViceGranted
ThatPetitioner has never been denied admission to the State Bar ofNevada. (Give particulars if ever denied admission): none 7.
... Rule IA 11-2 (formerly LR IA 10-2) during the past three (3) years in the following matters: (State “none”ifno applications.) Date ofApplication Cause Title of Court Was Application Administrative Body Granted or or Arbitrator Denied none ...
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