Fareportal, Inc. v. Opinion Corp.

Federal Civil Lawsuit New York Southern District Court, Case No. 1:08-cv-05964-DLC
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Parties
No Logo Fareportal, Inc., Plaintiff

Represented by Espinosa & Associates

Name Phone Fax E-Mail
Space Tedd E. Kessler +1 212 477 3220 +1 212 388 1714 tkessler.att@prodigy.net
v.
No Logo Opinion Corporation, Defendant
Officially listed as "Opinion Corp."

Represented by Ostrolenk Faber LLP

Name Phone Fax E-Mail
Space Anna Vishev +1 212 382 0700 +1 212 382 0888 avishev@ostrolenk.com
Attributes
Office Foley Square
Filed 7/1/2008
Jury Demand Plaintiff
Demand
Nature of Suit 840 - Property Rights: Trademark
Cause Section 15 U.S.C. § 1051 Trademark Infringement
Jurisdiction Federal Question
Disposition
County NewYork
Terminated
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CASREF, ECF
Timeline
  Entries (32) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 22 Filed: 8/26/2008, Entered: 8/27/2008 OrderCourt Filing
ORDER: The parties shall meet to discuss possible resolutions to the claim as recommended by the Court by 9/5/08. Plaintiff shall submit a status report to the Court by 9/8/08. (Signed by Magistrate Judge Ronald L. Ellis on 8/26/08) (tro) Modified on 9/2/2008 (tro).
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Blank -- Filed: 8/21/2008, Entered: 8/21/2008 Note to Attorney to E-Mail PDF
***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Tedd E. Kessler for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document [19] Amended Complaint to: case_openings@nysd.uscourts.gov. (dle)
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Legal Document 21 Filed: 8/18/2008, Entered: 8/18/2008 Answer to Amended Complaint
ANSWER to Amended Complaint. Document filed by Opinion Corp..(Vishev, Anna)
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Legal Document 20 Filed: 8/15/2008, Entered: 8/15/2008 Memorandum of Law in Opposition
MEMORANDUM OF LAW in Opposition TO PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION. Document filed by Opinion Corp.. (Vishev, Anna)
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Legal Document 19 Filed: 8/7/2008, Entered: 8/8/2008 Amended Complaint
FIRST AMENDED COMPLAINT amending [1] Complaint against Opinion Corp..Document filed by Fareportal, Inc. Related document: [1] Complaint filed by Fareportal, Inc.(dle) (dle).
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Legal Document 18 Filed: 7/24/2008, Entered: 7/24/2008 OrderCourt Filing
SETTLEMENT CONFERENCE ORDER: This action has been referred to Magistrate Judge Ronald L. Ellis for Settlement. A conference will be held in this case by the Judge on August 26, 2008, at 11:00 a.m., in Courtroom 18D, 500 Pearl Street. All counsel must be present. Plaintiff's counsel is responsible for confirming with each defendant's counsel that all necessary participants are aware of this conference. Unless excused by the Court, each party, together with counsel, must appear in person for the conference. If a party is not prepared to go forward with settlement discussions, written notice to the Court is required prior to the conference. No request for adjournments will be considered unless made at least 3 business days before the scheduled conference and only after the parties have consulted with each other. (Signed by Magistrate Judge Ronald L. Ellis on 7/24/2008) (jfe)
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Legal Document 17 Filed: 7/21/2008, Entered: 7/21/2008 Answer
ANSWER to Complaint. Document filed by Opinion Corp..(Vishev, Anna)
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Legal Document 16 Filed: 7/8/2008, Entered: 7/8/2008 Notice of Appearance
NOTICE OF APPEARANCE by Anna Vishev on behalf of Opinion Corp. (Vishev, Anna)
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Legal Document 15 Filed: 7/2/2008, Entered: 7/2/2008 OrderCourt Filing
ORDER TO SHOW CAUSE filed by Fareportal, Inc., for an order preliminarily enjoining defendant Opinion Corp. d/b/a Pissedconsumer, its agents, servants, employees, representatives, attorneys, related companies, successors, assigns, and all others in active concert or participation with it, from using the Cheapoair mark, any colorable imitation of the Cheapoair mark, and as set forth in this Order. Show Cause Hearing scheduled for 10/27/2008 at 9:30 a.m. in Courtroom 11B before Judge Denise L. Cote. ENDORSEMENT: Having heard from counsel for the parties on the record, the application for a TRO was denied. (Signed by Judge Denise L. Cote on 7/2/2008) (jfe) Modified on 7/3/2008 (kkc).
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Legal Document 14 Filed: 7/2/2008, Entered: 7/2/2008 Declaration in Support
DECLARATION of ILYA ZHEREBETSKIY in Support. Document filed by Fareportal, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Kessler, Tedd)
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Legal Document 13 Filed: 7/2/2008, Entered: 7/2/2008 Declaration
DECLARATION of HARSH SOOD. Document filed by Fareportal, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Kessler, Tedd)
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Legal Document 12 Filed: 7/2/2008, Entered: 7/2/2008 Affirmation in Support
AFFIRMATION of Tedd Kessler in Support. Document filed by Fareportal, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Kessler, Tedd)
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Legal Document 11 Filed: 7/2/2008, Entered: 7/2/2008 Scheduling OrderCourt Filing
SCHEDULING ORDER: It is hereby Ordered that the parties shall contact the chambers of Magistrate Judge Ellis no later than July 11, 2008, in order to arrange to pursue settlement discussions under his supervision. The defendant's shall submit it's memorandum of Law in opposition to the plaintiff's application for a preliminary injunction by August 15, 2008. The parties shall complete any necessary fact discovery by September 19, 2008. The parties shall complete any necessary expert discovery by October 3, 2008. On October 17, 2008, by 5:00 p.m., the following documents are to be submitted: Proposed Findings of Fact and Conclusions of Law. All direct testimony shall be by affidavit, except for testimony of an adverse party, a person whose attendance must be compelled by subpoena, or a witness for whom a party has requested that the Court has agreed to hear the direct testimony at the trial. the affidavits shall be served, but not filed. By October 22, 2008, counsel for each party shall submit a list of all affiants that he or she intends to cross-examine at the trial. Affiants for whom such notice is not given are not required to be present at the trial. By October 24, 2008, and Reply memorandum of Law must be submitted. The final pretrial conference is scheduled for October 24, 2008, at 10:00 a.m., in Courtroom 11B, 500 Pearl Street. The trial will begin at 9:30 a.m., on October 27, 2008. (Signed by Judge Denise L. Cote on 7/2/2008) (jfe)
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Legal Document 10 Filed: 7/2/2008, Entered: 7/2/2008 Memorandum of Law in Support
MEMORANDUM OF LAW in Support. Document filed by Fareportal, Inc.. (Kessler, Tedd)
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Legal Document 9 Filed: 7/2/2008, Entered: 7/2/2008 Order Referring Case to Magistrate JudgeCourt Filing
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement*. Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Denise L. Cote on 7/2/2008) (jfe)
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Legal Document 8 Filed: 7/2/2008, Entered: 7/2/2008 Affirmation in Support of Motion
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - AFFIRMATION of Tedd Kessler, SUPPLEMENTAL in Support re: [3] EX PARTE MOTION for Temporary Restraining Order.. Document filed by Fareportal, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Kessler, Tedd) Modified on 7/2/2008 (KA).
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Legal Document 7 Filed: 7/2/2008, Entered: 7/2/2008 Declaration in Support of Motion
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - DECLARATION of ILYA ZHEREBETSKIY in Support re: [3] EX PARTE MOTION for Temporary Restraining Order.. Document filed by Fareportal, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Kessler, Tedd) Modified on 7/2/2008 (KA).
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Legal Document 6 Filed: 7/2/2008, Entered: 7/2/2008 Declaration in Support of Motion
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - DECLARATION of HARSH SOOD in Support re: [3] EX PARTE MOTION for Temporary Restraining Order.. Document filed by Fareportal, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Kessler, Tedd) Modified on 7/2/2008 (KA).
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Legal Document 5 Filed: 7/2/2008, Entered: 7/2/2008 Affirmation in Support of Motion
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - AFFIRMATION of Tedd Kessler in Support re: [3] EX PARTE MOTION for Temporary Restraining Order.. Document filed by Fareportal, Inc.. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D, # (5) Exhibit Exhibit E, # (6) Exhibit Exhibit F, # (7) Exhibit Exhibit G)(Kessler, Tedd) Modified on 7/2/2008 (KA).
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Legal Document 4 Filed: 7/2/2008, Entered: 7/2/2008 Memorandum of Law in Support of Motion
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: [3] EX PARTE MOTION for Temporary Restraining Order. Document filed by Fareportal, Inc.. (Kessler, Tedd) Modified on 7/2/2008 (KA).
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Legal Document 3 Filed: 7/2/2008, Entered: 7/2/2008, Terminated: 7/2/2008 Motion for TRO
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - EX PARTE MOTION for Temporary Restraining Order. Document filed by Fareportal, Inc. Return Date set for 7/2/2007 at 02:30 PM.(Kessler, Tedd) Modified on 7/2/2008 (KA).
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Blank -- Filed: 7/2/2008, Entered: 7/2/2008 Note to Attorney to Re-File Document - Event Type
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Tedd Kessler to RE-FILE Document [7] Declaration in Support of Motion. Use the document type Declaration in support(non-motion) found under the document list Other Answers. (KA)
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Blank -- Filed: 7/2/2008, Entered: 7/2/2008 Note to Attorney to Re-File Document - Event Type
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Tedd Kessler to RE-FILE Document [6] Declaration in Support of Motion. Use the document type Declaration in Support(non-motion) found under the document list Other Answers. (KA)
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Blank -- Filed: 7/2/2008, Entered: 7/2/2008 Note to Attorney to Re-File Document - Event Type
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Tedd Kessler to RE-FILE Document [5] Affirmation in Support of Motion. Use the document type Affirmation in Support(non-motion) found under the document list Other Answers. (KA)
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Blank -- Filed: 7/2/2008, Entered: 7/2/2008 Note to Attorney to Re-File Document - Event Type
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Tedd E. Kessler to RE-FILE Document [4] Memorandum of Law in Support of Motion. Use the document type Memorandum of Law in Support(non-motion) found under the document list Other Answers. (KA)
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Blank -- Filed: 7/2/2008, Entered: 7/2/2008 Note to Attorney to Re-File Document - Non-ECF Doc
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Tedd E. Kessler to MANUALLY RE-FILE Document No. [3] Order to Show Cause. This document is not filed via ECF. (KA)
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Blank 2 Filed: 7/1/2008, Entered: 7/2/2008 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fareportal, Inc.(jpo)
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Blank 1 Filed: 7/1/2008, Entered: 7/2/2008 Complaint
COMPLAINT against Opinion Corp. (Filing Fee $ 350.00, Receipt Number 655593)Document filed by Fareportal, Inc.(jpo)
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Blank -- Filed: 7/1/2008, Entered: 7/2/2008 Mail Trademark Form (case opening)
Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (jpo)
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Blank -- Filed: 7/1/2008, Entered: 7/2/2008 Case Designated ECF.
Case Designated ECF. (jpo)
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Blank -- Filed: 7/1/2008, Entered: 7/2/2008 Case Designation
Magistrate Judge Ronald L. Ellis is so designated. (jpo)
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Blank -- Filed: 7/1/2008, Entered: 7/2/2008 Summons Issued
SUMMONS ISSUED as to Opinion Corp. (jpo)
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