Sweet Street Desserts Inc v. Chudleighs Ltd
| SWEET STREET DESSERTS INC |
| CHUDLEIGHS LTD |
| 15-1548 |
| March 4, 2015 |
| U.S. Court of Appeals, Third Circuit |
| Trademark |
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| AMENDED JUDGMENT orders of the District Court entered December 23, 2014 and January 15, 2015, be and the same are hereby AFFIRMED. All of the above in accordance with the Opinion of this Court. No costs shall be taxed. [15-1445, 15-1548] (PDB) [Entered: 08/18/2016 04:38 PM] |
| AMENDED MANDATE ISSUED. The certified judgment issued in lieu of a formal mandate has been amended and an amended mandate issued. See. Fed. R. App. P. 41. [15-1445, 15-1548] (PDB) [Entered: 08/18/2016 04:48 PM] |
| MANDATE ISSUED, filed. [15-1445, 15-1548] (TMM) [Entered: 08/12/2016 07:04 AM] |
| JUDGMENT, Affirmed. All of the above in accordance with the Opinion of this Court. No costs shall be taxed. [15-1445, 15-1548] (PDB) [Entered: 07/21/2016 12:49 PM] |
| NOT PRECEDENTIAL OPINION Coram: FUENTES, SHWARTZ and BARRY, Circuit Judges. Total Pages: 12. Judge: SHWARTZ Authoring. [15-1445, 15-1548] (PDB) [Entered: 07/21/2016 12:48 PM] |
| SUBMITTED on Friday, July 15, 2016. Panel: FUENTES, SHWARTZ and BARRY, Circuit Judges. [15-1445, 15-1548] (TLG) [Entered: 07/15/2016 09:20 AM] |
| COURT MINUTES OF ARGUED/SUBMITTED CASES. [15-1445, 15-1548, 15-2383, 15-3536, 15-3697] (TLG) [Entered: 07/15/2016 09:31 AM] |
| Submit Notification for Friday, 07/15/2016. [15-1445, 15-1548] (TLG) [Entered: 06/28/2016 09:12 AM] |
| HARD COPY RECEIVED from Appellee Sweet Street Desserts Inc in 15-1445, Appellant Sweet Street Desserts Inc in 15-1548 - Redacted Brief. Copies: 7. [15-1445, 15-1548] (KEL) [Entered: 06/28/2016 12:07 PM] |
| HARD COPY RECEIVED from Appellee Sweet Street Desserts Inc in 15-1445, Appellant Sweet Street Desserts Inc in 15-1548 - Redacted Reply Brief. Copies: 7. [15-1445, 15-1548] (KEL) [Entered: 06/28/2016 12:08 PM] |
| ECF FILER: REDACTED ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellant Chudleighs Ltd in 15-1445, Appellee Chudleighs Ltd in 15-1548, filed. Certificate of Service dated 06/27/2016 by ECF. [15-1445, 15-1548] (HUW) [Entered: 06/27/2016 04:56 PM] |
| ECF FILER: REDACTED ELECTRONIC JOINT APPENDIX on behalf of Appellant Chudleighs Ltd in 15-1445, Appellee Chudleighs Ltd in 15-1548, filed. Certificate of service dated 06/27/2016 by ECF. [15-1445, 15-1548] (HUW) [Entered: 06/27/2016 05:02 PM] |
| ECF FILER: REDACTED ELECTRONIC REPLY BRIEF on behalf of Appellant Chudleighs Ltd in 15-1445, Appellee Chudleighs Ltd in 15-1548, filed. Certificate of Service dated 06/27/2016 by ECF. [15-1445, 15-1548] (HUW) [Entered: 06/27/2016 04:57 PM] |
| ECF FILER: REDACTED ELECTRONIC BRIEF on behalf of Appellee Sweet Street Desserts Inc in 15-1445, Appellant Sweet Street Desserts Inc in 15-1548, filed. Certificate of Service dated 06/27/2016 by ECF. [15-1445, 15-1548] (NAR) [Entered: 06/27/2016 06:33 PM] |
| ECF FILER: REDACTED ELECTRONIC REPLY BRIEF on behalf of Appellee Sweet Street Desserts Inc in 15-1445, Appellant Sweet Street Desserts Inc in 15-1548, filed. Certificate of Service dated 06/27/2016 by ECF. [15-1445, 15-1548] (NAR) [Entered: 06/27/2016 06:38 PM] |
| TEXT ONLY ORDER (Clerk) In Accordance with the Clerk Order entered on June 21, 2016, the parties' redacted briefs shall be entered on the docket within 5 days from the date of this order, filed. [15-1445, 15-1548] (PDB) [Entered: 06/22/2016 03:20 PM] |
ORDER (Clerk) The Joint Motion by Parties for Leave to File Briefs Under Seal is Granted. The parties shall file briefs and appendices on the public docket that redacts only information the disclosure of which would cause a clearly defined and serious injury, and the parties represent that they will file on the public docket briefs that redact information that the District Court sealed, filed. [15-1445, 15-1548] (PDB) [Entered: 06/21/2016 02:25 PM]
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| HARD COPY RECEIVED from Appellee Sweet Street Desserts Inc in 15-1445, Appellant Sweet Street Desserts Inc in 15-1548 - Reply Brief. Copies: 7. [15-1445, 15-1548] (FILED UNDER SEAL) (SJB) [Entered: 05/17/2016 10:31 AM] |
| ECF FILER: SEALED ELECTRONIC REPLY BRIEF on behalf of Appellee Sweet Street Desserts Inc in 15-1445, Appellant Sweet Street Desserts Inc in 15-1548, filed. Certificate of Service dated 05/16/2016 by 3rd party, ECF. [15-1445, 15-1548] (NAR) [Entered: 05/16/2016 03:48 PM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Hans U. Widmaier, Esq. for Appellant Chudleighs Ltd in 15-1445, Attorney Hans U. Widmaier, Esq. for Appellee Chudleighs Ltd in 15-1548. Certificate of Service dated 05/11/2016. [15-1445, 15-1548] (HUW) [Entered: 05/11/2016 05:45 PM] |
| ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Nancy A. Rubner, Esq. for Appellee Sweet Street Desserts Inc in 15-1445, Attorney Nancy A. Rubner, Esq. for Appellant Sweet Street Desserts Inc in 15-1548. Certificate of Service dated 05/10/2016. [15-1445, 15-1548] (NAR) [Entered: 05/10/2016 02:58 PM] |
| HARD COPY RECEIVED from Appellant Chudleighs Ltd in 15-1445, Appellee Chudleighs Ltd in 15-1548 - Addendum to Third Step Brief (FILED UNDER SEAL). Copies: 7. [15-1445, 15-1548] (KEL) [Entered: 05/09/2016 03:41 PM] |
| Calendared for Friday, 07/15/2016. Calendar Clerk: Tiffany G.. [15-1445, 15-1548] (PM) [Entered: 05/06/2016 03:55 PM] |
| ECF FILER: SEALED ELECTRONIC ADDENDUM TO THIRD STEP BRIEF containing corrections to typogaphical errors on behalf of Appellant Chudleighs Ltd in 15-1445, Appellee Chudleighs Ltd in 15-1548, filed. Certificate of Service dated 05/06/2016 by US mail. --[Edited 05/16/2016 by EAF - Event and text edited] [15-1445, 15-1548] (AIB) [Entered: 05/06/2016 01:12 PM] |
| HARD COPY RECEIVED from Appellant Chudleighs Ltd in 15-1445, Appellee Chudleighs Ltd in 15-1548 - Third Step Brief. Copies: 7. --[Edited 05/03/2016 by EAF - Text edited] [15-1445, 15-1548] (FILED UNDER SEAL) (SJB) [Entered: 05/03/2016 11:56 AM] |
| ECF FILER: SEALED ELECTRONIC THIRD STEP BRIEF on behalf of Appellant Chudleighs Ltd in 15-1445, Appellee Chudleighs Ltd in 15-1548, filed. Certificate of Service dated 05/02/2016 by US mail, ECF. --[Edited 05/03/2016 by EAF - Text edited] [15-1445, 15-1548] (HUW) [Entered: 05/02/2016 01:08 PM] |
| ECF FILER: LETTER from Lesley M. Grossberg, Esq. for Appellee Sweet Street Desserts Inc, Jacqueline M. Lesser, Esq. for Appellee Sweet Street Desserts Inc and Nancy A. Rubner, Esq. for Appellee Sweet Street Desserts Inc in 15-1445, Lesley M. Grossberg, Esq. for Appellant Sweet Street Desserts Inc, Jacqueline M. Lesser, Esq. for Appellant Sweet Street Desserts Inc and Nancy A. Rubner, Esq. for Appellant Sweet Street Desserts Inc in 15-1548. Counsel is unavailable for the following dates: 07/11/2016, [15-1445, 15-1548] (NAR) [Entered: 04/22/2016 12:09 PM] |
| HARD COPY RECEIVED from Appellee Sweet Street Desserts Inc in 15-1445, Appellant Sweet Street Desserts Inc in 15-1548 - SEALED Brief. Copies: 7. [15-1445, 15-1548]--[Edited 04/01/2016 by RM] (RM) [Entered: 04/01/2016 11:26 AM] |
| ECF FILER: SEALED ELECTRONIC BRIEF on behalf of Appellee Sweet Street Desserts Inc in 15-1445, Appellant Sweet Street Desserts Inc in 15-1548, filed. Certificate of Service dated 03/31/2016 by 3rd party, ECF. [15-1445, 15-1548] (NAR) [Entered: 03/31/2016 05:01 PM] |
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ORDER (Clerk) granting Motion by Appellant for Leave to Lodge Exhibits on DVDs as part of Volumes III and IV of the Joint Appendix, filed. [15-1445, 15-1548] (MS) [Entered: 03/07/2016 02:52 PM]
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| COMPLIANCE RECEIVED. Motion to file DVDs as part of joint appendix received from Appellant Chudleighs Ltd in 15-1445, Appellee Chudleighs Ltd in 15-1548. [15-1445, 15-1548] (MS) [Entered: 03/03/2016 02:32 PM] |
| ECF FILER: Motion filed by Appellant Chudleighs Ltd in 15-1445, Appellee Chudleighs Ltd in 15-1548 for Leave to File Video Exhibits on DVDs in the Joint Appendix. Certificate of Service dated 03/03/2016. [15-1445, 15-1548]--[Edited 03/03/2016 by MS] (AIB) [Entered: 03/03/2016 02:04 PM] |
| NON COMPLIANCE Order issued to Appellant Chudleighs Ltd in 15-1445, Appellee Chudleighs Ltd in 15-1548 regarding the brief and/or appendix filed on 03/02/2016. Please open the attachment for the full text of the Order. Compliance due by 03/07/2016. This Order does not change the deadline for filing the next brief. [15-1445, 15-1548] (MS) [Entered: 03/03/2016 10:32 AM] |
| HARD COPY RECEIVED from Appellant Chudleighs Ltd in 15-1445, Appellee Chudleighs Ltd in 15-1548 - Brief with Volume I of Appendix attached. Copies: 7. [15-1445, 15-1548] (FILED UNDER SEAL) (SJB) [Entered: 03/02/2016 01:27 PM] |
| HARD COPY RECEIVED from Appellant Chudleighs Ltd in 15-1445, Appellee Chudleighs Ltd in 15-1548 - Appendix. Copies: 4. Volumes: 8 (Volume I attached to Brief; Volumes IV - VIII submitted UNDER SEAL ). [15-1445, 15-1548] (MS) [Entered: 03/03/2016 09:32 AM] |
| ECF FILER: SEALED ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellant Chudleighs Ltd in 15-1445, Appellee Chudleighs Ltd in 15-1548, filed. Certificate of Service dated 03/01/2016 by US mail. [15-1445, 15-1548] (HUW) [Entered: 03/01/2016 11:04 AM] |
| ECF FILER: SEALED ELECTRONIC JOINT APPENDIX VOLUMES IV - VI on behalf of Appellant Chudleighs Ltd and Appellee Sweet Street Desserts Inc in 15-1445, Appellant Sweet Street Desserts Inc and Appellee Chudleighs Ltd in 15-1548, filed. Certificate of Service dated 03/01/2016 by US mail, ECF. --[Edited 03/03/2016 by EAF - text edited to specify volumes] [15-1445, 15-1548] (HUW) [Entered: 03/01/2016 12:54 PM] |
| ECF FILER: ELECTRONIC JOINT APPENDIX VOLUMES II AND III on behalf of Appellant Chudleighs Ltd and Appellee Sweet Street Desserts Inc in 15-1445, Appellant Sweet Street Desserts Inc and Appellee Chudleighs Ltd in 15-1548, filed. Certificate of service dated 03/01/2016 by US mail, ECF. --[Edited 03/03/2016 by EAF - text edited to specify volume] [15-1445, 15-1548] (HUW) [Entered: 03/01/2016 12:52 PM] |
| ECF FILER: SEALED ELECTRONIC JOINT APPENDIX VOLUMES VII AND VIII on behalf of Appellant Chudleighs Ltd and Appellee Sweet Street Desserts Inc in 15-1445, Appellant Sweet Street Desserts Inc and Appellee Chudleighs Ltd in 15-1548, filed. Certificate of Service dated 03/01/2016 by US mail, ECF. --[Edited 03/03/2016 by EAF - text edited to specify volumes] [15-1445, 15-1548] (HUW) [Entered: 03/01/2016 12:56 PM] |
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ORDER (Clerk) The Joint Motion by Parties for Leave to File Their Briefs Under Seal is referred to the merits panel. The parties' briefs will be held provisionally under seal pending disposition of the motion by the panel. All parties are directed to use the CM/ECF events proceded by the word SEALED whenever filing the referenced documents or any documents which may contain sealed material. All hard copies of documents submitted to this Court should be properly labeled that they are SEALED and provided in a clearly marked envelope. It is counsel's responsibility to ensure that any documents subject to this order are properly filed under SEAL, filed. [15-1445, 15-1548] (PDB) [Entered: 02/23/2016 02:17 PM]
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| ECF FILER: JOINT Motion filed by Appellant Chudleighs Ltd in 15-1445, Appellee Chudleighs Ltd in 15-1548 to seal Briefs. Certificate of Service dated 02/17/2016. [15-1445, 15-1548] SEND TO THE MERITS PANEL.--[Edited 02/23/2016 by PDB] (AIB) [Entered: 02/17/2016 04:20 PM] |
| Appellant Chudleighs Ltd in 15-1445, Appellee Chudleighs Ltd in 15-1548 verbally granted an extension of time to file brief & appendix until 03/01/2016. pursuant to Third Cir. LAR 31.4. [15-1445, 15-1548] (SLC) [Entered: 01/25/2016 10:41 AM] |
| BRIEFING NOTICE ISSUED. 1st Brief on behalf of Brief on behalf of Appellant Chudleighs Ltd due on or before 02/16/2016. Appendix due on or before 02/16/2016. [15-1445, 15-1548] (PDB) [Entered: 01/07/2016 12:48 PM] |
| Notice to Counsel. The attached document is restricted. To view document, click on the document number link in the NDA (Notice of Docket Activity). In order to access this document, you must be the attorney of record using your individual ECF login and password. [15-1445, 15-1548] (TNH) [Entered: 03/23/2015 02:27 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Bruce P. Merenstein on behalf of Appellee(s) Chudleigh's Ltd.. (SWS) [Entered: 03/19/2015 02:44 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Samuel W. Silver on behalf of Appellee(s) Chudleigh's Ltd.. (SWS) [Entered: 03/19/2015 02:43 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Janet A. Marvel on behalf of Appellee(s) Chudleigh's Ltd.. (SWS) [Entered: 03/19/2015 02:45 PM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Chudleighs Ltd, filed. (SWS) [Entered: 03/19/2015 02:48 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Hans U. Widmaier on behalf of Appellee(s) Chudleigh's Ltd.. (SWS) [Entered: 03/19/2015 02:46 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Ashly I. Boesche on behalf of Appellee(s) Chudleigh's Ltd.. (SWS) [Entered: 03/19/2015 02:47 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Lesley McCall Grosberg on behalf of Appellant(s) Sweet Street Desserts, Inc.. (NAR) [Entered: 03/18/2015 04:32 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Nancy A. Rubner on behalf of Appellant(s) Sweet Street Desserts, Inc.. (NAR) [Entered: 03/18/2015 04:29 PM] |
| ECF FILER: Concise Summary of the Case filed by Appellant Sweet Street Desserts Inc, received. (NAR) [Entered: 03/18/2015 04:33 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Jacqueline M. Lesser on behalf of Appellant(s) Sweet Street Desserts, Inc.. (NAR) [Entered: 03/18/2015 04:31 PM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Sweet Street Desserts Inc, filed. (NAR) [Entered: 03/18/2015 04:33 PM] |
| ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant Sweet Street Desserts Inc, filed. (NAR) [Entered: 03/18/2015 04:34 PM] |
| ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant Sweet Street Desserts Inc advising this court that transcripts are already on file in the District Court. (NAR) [Entered: 03/18/2015 04:36 PM] |
| Notice received from the district court that the docketing and filing fees were paid by the appellant on 03/04/2015. (PDB) [Entered: 03/06/2015 05:23 PM] |
| RECORD available on District Court CM/ECF. (PDB) [Entered: 03/04/2015 03:07 PM] |
| CIVIL CASE DOCKETED. Notice filed by Appellant Sweet Street Desserts Inc in District Court No. 5-12-cv-03363. (PDB) [Entered: 03/04/2015 03:06 PM] |
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