Car-Freshner Corporation v. Surreal Entertainment LLC

Federal Civil Lawsuit New York Northern District Court, Case No. 5:18-cv-01037
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Last Updated January 2, 2020 at 5:16 PM EST (5.4 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Surreal Entertainment LLC, Counter-Claimant

Represented by Barclay Damon, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED John D. Cook +1 315 425 2885 +1 315 703 7353 jcook@barclaydamon.com
v.
No Logo Bob Ross Inc., Defendant

Represented by Zimmer Law Office, Pllc

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Kimberly M. Zimmer +1 315 422 9909 +1 315 422 9911 kmz@kimzimmerlaw.com
No Logo Car-freshner Corporation, Counter-Defendant

Represented by Bond, Schoeneck & King PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Liza R. Magley +1 315 218 8226 +1 315 218 8468 lmagley@bsk.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Louis Orbach +1 315 218 8000 +1 315 218 8100 orbachl@bsk.com
No Logo Julius Samann Ltd., Counter-Defendant

Represented by Bond, Schoeneck & King PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Liza R. Magley +1 315 218 8226 +1 315 218 8468 lmagley@bsk.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Louis Orbach +1 315 218 8000 +1 315 218 8100 orbachl@bsk.com
Attributes
Citation Section 15 U.S.C. § 1051
Nature of Suit 840 - Property Rights: Trademark
Timeline
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Legal Document (Payment Possibly Required) 96 Filed: 1/2/2020, Entered: None Order
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Legal Document (Payment Possibly Required) 84 Filed: 8/9/2019, Entered: None Counterclaim
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Legal Document (Payment Possibly Required) 82 Filed: 7/30/2019, Entered: None Counterclaim
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Legal Document (Payment Possibly Required) 76 Filed: 7/23/2019, Entered: None Letter Request/Motion
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Legal Document (Payment Possibly Required) 74 Filed: 7/16/2019, Entered: None Amended Complaint
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Legal Document (Payment Possibly Required) 69 Filed: 5/31/2019, Entered: None Amend/Correct
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Legal Document (Payment Possibly Required) 65 Filed: 5/29/2019, Entered: None Letter Request/Motion
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Legal Document (Payment Possibly Required) 62 Filed: 3/27/2019, Entered: None Letter Request/Motion
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Legal Document (Payment Possibly Required) 60 Filed: 3/12/2019, Entered: None Order
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Legal Document (Payment Possibly Required) 58 Filed: 3/5/2019, Entered: None Letter Request/Motion
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Legal Document (Payment Possibly Required) 52 Filed: 2/19/2019, Entered: None Order Referring Case to Mandatory Mediation
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Legal Document (Payment Possibly Required) 51 Filed: 2/19/2019, Entered: None Uniform Pretrial Scheduling Order
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Legal Document (Payment Possibly Required) 42 Filed: 1/15/2019, Entered: None Counterclaim
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Legal Document (Payment Possibly Required) 40 Filed: 1/14/2019, Entered: None Letter Request/Motion
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Legal Document (Payment Possibly Required) 38 Filed: 12/20/2018, Entered: None Counterclaim
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Legal Document (Payment Possibly Required) 36 Filed: 12/18/2018, Entered: None Letter Request/Motion
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Legal Document (Payment Possibly Required) 33 Filed: 11/29/2018, Entered: None Counterclaim
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Legal Document (Payment Possibly Required) 27 Filed: 11/15/2018, Entered: None Letter Request/Motion
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Legal Document (Payment Possibly Required) 26 Filed: 11/15/2018, Entered: None Amended Complaint
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Legal Document (Payment Possibly Required) 25 Filed: 10/29/2018, Entered: None Crossclaim
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Legal Document (Payment Possibly Required) 24 Filed: 10/29/2018, Entered: None Unknown Document TypeCourt Filing
TEXT ORDER granting 19 Motion for Limited Admission Pro Hac Vice of Ray L. Weber, Esq. for Surreal Entertainment LLC. IMMEDIATE ACTION REQUIRED: Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/29/2018. (sg) (Entered: 10/29/2018)
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Legal Document (Payment Possibly Required) 23 Filed: 10/29/2018, Entered: None Unknown Document TypeCourt Filing
TEXT ORDER granting 15 Motion for Limited Admission Pro Hac Vice of Steven Wadyka, Jr., Esq. for Bob Ross Inc. IMMEDIATE ACTION REQUIRED: Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/29/2018. (sg) (Entered: 10/29/2018)
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Legal Document (Payment Possibly Required) 22 Filed: 10/29/2018, Entered: None Unknown Document TypeCourt Filing
TEXT ORDER granting 14 Motion for Limited Admission Pro Hac Vice of David G. Barger, Esq. for Bob Ross, Inc. IMMEDIATE ACTION IS REQUIRED: Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/29/2018. (sg) (Entered: 10/29/2018)
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Legal Document (Payment Possibly Required) 21 Filed: 10/29/2018, Entered: None Unknown Document Type
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Surreal Entertainment LLC. (Cook, John) (Entered: 10/29/2018)
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Legal Document (Payment Possibly Required) 20 Filed: 10/29/2018, Entered: 10/29/2018 Counterclaim
ANSWER to 1 Complaint, COUNTERCLAIM against Car-Freshner Corporation, Julius Samann Ltd. by Surreal Entertainment LLC. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H)(Cook, John)
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Legal Document (Payment Possibly Required) 19 Filed: 10/26/2018, Entered: 10/26/2018 Limited Admission Pro Hac Vice
MOTION for Limited Admission Pro Hac Vice of Ray L. Weber Filing fee $100, receipt number ANYNDC-4549012. filed by Surreal Entertainment LLC. (Attachments: # 1 Declaration of Sponsor, # 2 Petition, # 3 Certificate of Good Standing, # 4 E-Filing Registration Form) Motions referred to Therese Wiley Dancks. (Cook, John)
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Legal Document (Payment Possibly Required) 18 Filed: 10/26/2018, Entered: None Unknown Document Type
NOTICE of Appearance by John D. Cook on behalf of Surreal Entertainment LLC (Cook, John) (Entered: 10/26/2018)
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Legal Document (Payment Possibly Required) 17 Filed: 10/26/2018, Entered: None Unknown Document Type
Supplemental Admission documents re: 15 Motion for Limited Admission Pro Hac Vice. (Zimmer, Kimberly) (Entered: 10/26/2018)
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Legal Document (Payment Possibly Required) 16 Filed: 10/26/2018, Entered: None Unknown Document Type
Supplemental Admission documents re: 14 Motion for Limited Admission Pro Hac Vice. (Zimmer, Kimberly) (Entered: 10/26/2018)
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Legal Document (Payment Possibly Required) 15 Filed: 10/25/2018, Entered: 10/25/2018 Limited Admission Pro Hac Vice
MOTION for Limited Admission Pro Hac Vice of Steven J. Wadyka, Jr. Filing fee $100, receipt number ANYNDC-4547477. filed by Bob Ross Inc.. Motions referred to Therese Wiley Dancks. (Zimmer, Kimberly)
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Legal Document (Payment Possibly Required) 14 Filed: 10/25/2018, Entered: 10/25/2018 Limited Admission Pro Hac Vice
MOTION for Limited Admission Pro Hac Vice David G. Barger Filing fee $100, receipt number ANYNDC-4547459. filed by Bob Ross Inc.. Motions referred to Therese Wiley Dancks. (Zimmer, Kimberly)
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Legal Document (Payment Possibly Required) 13 Filed: 10/22/2018, Entered: None Unknown Document Type
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Bob Ross Inc.. (Zimmer, Kimberly) (Entered: 10/22/2018)
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Legal Document (Payment Possibly Required) 12 Filed: 10/22/2018, Entered: None Unknown Document TypeCourt Filing
TEXT ORDER: Court has reviewed the 11 Status Report filed by Plaintiff, which the Court construes as a Letter Request for extension of time for defendant Surreal Entertainment LLC to file answer to the complaint, which is granted. Surreal Entertainment LLC answer due 10/29/2018. Telephone Rule 16 Initial Conference remains scheduled for 11/30/2018. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/22/2018. (sg) (Entered: 10/22/2018)
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Legal Document (Payment Possibly Required) 11 Filed: 10/19/2018, Entered: None Status report
STATUS REPORT/Letter Request pursuant to Court's Text Order dated 10-17-2018 (Docket No. 10) by Car-Freshner Corporation. (Orbach, Louis) Modified on 10/22/2018 (sg, ). (Entered: 10/19/2018)
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Legal Document (Payment Possibly Required) 10 Filed: 10/17/2018, Entered: None Order on Letter RequestCourt Filing
TEXT ORDER: Court has reviewed 8 Letter Request filed by counsel for Bob Ross Inc. requesting extension of time to respond to complaint, which is granted. Bob Ross Inc. answer due 10/29/2018, as the date indicated in counsel's letter request falls on a Saturday. The Court has reviewed the docket and notes that answer deadline for defendant Surreal Entertainment LLC was 10/1/2018. To date, no answer has been filed, nor has any request been made for extension of deadline to answer as to this defendant. Plaintiff to file status report by 10/19/2018 advising the Court of any communications Plaintiff has had with defendant Surreal Entertainment LLC and/or whether Plaintiff intends to move for clerk's entry of default as to that defendant. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/17/2018. (sg) (Entered: 10/17/2018)
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Legal Document (Payment Possibly Required) 9 Filed: 10/15/2018, Entered: None Notice of Appearance
NOTICE of Appearance by Kimberly M. Zimmer on behalf of Bob Ross Inc. (Zimmer, Kimberly) (Entered: 10/15/2018)
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Legal Document (Payment Possibly Required) 8 Filed: 10/15/2018, Entered: 10/15/2018 Letter Request/MotionCourt Filing
Letter Motion for Bob Ross Inc. submitted to Judge Dancks . (Zimmer, Kimberly)
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Legal Document (Payment Possibly Required) 7 Filed: 9/18/2018, Entered: None summons returned executed
SUMMONS Returned Executed by Car-Freshner Corporation. Surreal Entertainment LLC served on 9/8/2018, answer due 10/1/2018. (Magley, Liza) (Entered: 09/18/2018)
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Legal Document (Payment Possibly Required) 6 Filed: 9/18/2018, Entered: None summons returned executed
SUMMONS Returned Executed by Car-Freshner Corporation. Bob Ross Inc. served on 9/6/2018, answer due 9/27/2018. (Magley, Liza) (Entered: 09/18/2018)
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Legal Document (Payment Possibly Required) 5 Filed: 8/30/2018, Entered: None Report on the Filing and Determination of an Action regarding a Patent or Trademark sent to USPTO
Report on the Filing and Determination of an Action regarding patent and/or trademark number(s) 719,498; 1,781,016; 1,791,233; 3,766,310 and 1,990,039. (jlb) (Entered: 08/31/2018)
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Legal Document (Payment Possibly Required) 4 Filed: 8/30/2018, Entered: None G.O. 25 Filing OrderCourt Filing
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/30/2018 09:30 AM before Magistrate Judge Therese Wiley Dancks. All conferences are conducted by telephone. Plaintiff's attorney will initiate the call (unless the Court directs differently) and shall contact Judge Dancks' Chambers at 315-234-8618 (a dedicated line solely for telephone conferences) once all parties are on the line. Counsel may use a teleconferencing service for assistance initiating conference calls to the Court. For cases involving pro se parties, the Court will initiate the call for the Rule 16 Conference. Pro se parties are instructed to provide the Court with a telephone number where they may be reached for a conference call.Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/23/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jlb) (Entered: 08/31/2018)
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Legal Document (Payment Possibly Required) 3 Filed: 8/30/2018, Entered: None FRCP 7.1 Corporate Disclosure Statement
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Car-Freshner Corporation and Julius Samann Ltd. (jlb) (Entered: 08/31/2018)
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Legal Document (Payment Possibly Required) 2 Filed: 8/30/2018, Entered: None Summons issued
Summons Issued as to Bob Ross Inc.. (Attachments: # 1 Summons Issued as to Surreal Entertainment LLC)(jlb) (Entered: 08/31/2018)
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Legal Document (Payment Possibly Required) 1 Filed: 8/31/2018, Entered: None Complaint
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Legal Document (Payment Possibly Required) 1 Filed: 8/30/2018, Entered: None Complaint
COMPLAINT WITH JURY DEMAND against Bob Ross Inc. and Surreal Entertainment LLC (Filing fee $400 receipt number ANYNDC-4495119) filed by Julius Samann Ltd., Car-Freshner Corporation. (Attachments: # 1 Civil Cover Sheet)(jlb) (Entered: 08/31/2018)
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