Globefill Incorporated v. Elements Spirits, Inc., et al
| KIM BRANDI, an individual |
| GLOBEFILL INCORPORATED, a Canadian corporation |
| ELEMENTS SPIRITS, INC., a California corporation |
| 14-55577 |
| April 11, 2014 |
| U.S. Court of Appeals, Ninth Circuit |
| Trademark |
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| Filing 57 MANDATE ISSUED.(HP, KMW and ADH) [9940702] [14-55456, 14-55577] (JFF) [Entered: 04/14/2016 04:06 PM] |
| Filing 56 Filed order (HARRY PREGERSON, KIM MCLANE WARDLAW and ANDREW D. HURWITZ): Kim Brandis unopposed motion for partial joinder in Elements Spirits, Inc.s petition for rehearing and rehearing en banc is GRANTED. The panel has unanimously voted to deny the petition for panel rehearing. Judge Wardlaw and Judge Hurwitz voted to deny the petition for rehearing en banc, and Judge Pregerson recommended denying it. The full court has been advised of the suggestion for rehearing en banc, and no judge requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for panel rehearing and the petition for rehearing en banc are DENIED. [9927110] [14-55456, 14-55577] (AF) [Entered: 04/05/2016 09:05 AM] |
| Filing 55 Filed (ECF) Appellee Kim Brandi in 14-55456, - Kim Brandi in 14-55577 petition for panel rehearing and petition for rehearing en banc (from 02/19/2016 memorandum). Date of service: 03/04/2016. [9891174] [14-55456, 14-55577] --[COURT ENTERED FILING to correct entry [54] .] (TYL) [Entered: 03/07/2016 09:21 AM] |
| Filing 54 COURT DELETED INCORRECT ENTRY. Incorrect ECF filing. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 55 ]. Original Text: Filed (ECF) Appellee Kim Brandi in 14-55456 motion for reconsideration of dispositive Judge Order of 02/19/2016. Date of service: 03/04/2016. [9890781] [14-55456, 14-55577] (Miller, Jon) [Entered: 03/04/2016 05:39 PM] |
| Filing 53 Filed (ECF) Appellee Elements Spirits, Inc. in 14-55456 petition for panel rehearing and petition for rehearing en banc (from 02/19/2016 memorandum). Date of service: 03/04/2016. [9890021] [14-55456, 14-55577] (Marks, Paul) [Entered: 03/04/2016 12:37 PM] |
| Filing 52 FILED MEMORANDUM DISPOSITION (HARRY PREGERSON, KIM MCLANE WARDLAW and ANDREW D. HURWITZ) AFFIRMED IN PART; REVERSED IN PART; REMANDED. Because we affirm in part and reverse in part, each party shall bear its own costs on appeal. FILED AND ENTERED JUDGMENT. [9870945] [14-55456, 14-55577] (MM) [Entered: 02/19/2016 11:14 AM] |
| Filing 51 Terminated Aileen Marie Hunter for Elements Spirits, Inc. and Kim Brandi in 14-55456 and Elements Spirits, Inc. in 14-55577 [9852217] [14-55456, 14-55577] (JFF) [Entered: 02/03/2016 09:53 AM] |
| Filing 50 Filed (ECF) Appellant Elements Spirits, Inc. and - Kim Brandi in 14-55577, Appellees Kim Brandi and Elements Spirits, Inc. in 14-55456 Correspondence: Request for Removal from Court's Docket as counsel of record.. Date of service: 02/03/2016 [9852107] [14-55577, 14-55456] (Hunter, Aileen) [Entered: 02/03/2016 09:16 AM] |
| Filing 49 ARGUED AND SUBMITTED TO HARRY PREGERSON, KIM MCLANE WARDLAW and ANDREW D. HURWITZ. [9848872] [14-55456, 14-55577] (BG) [Entered: 02/01/2016 12:30 PM] |
| Filing 48 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney John Henry Weber for Appellant Globefill Incorporated in 14-55456. [9817538] [14-55456, 14-55577] (Sullivan, Kelu) [Entered: 01/06/2016 02:14 PM] |
| Filing 47 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Paul S. Marks for Appellant Elements Spirits, Inc. in 14-55577. [9817503] [14-55456, 14-55577] (Marks, Paul) [Entered: 01/06/2016 02:07 PM] |
| Filing 46 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Jon Miller for Appellee Kim Brandi in 14-55456. [9816348] [14-55456, 14-55577] --[COURT UPDATE: Attached corrected notice. 01/06/2016 by TYL] (Miller, Jon) [Entered: 01/05/2016 05:02 PM] |
| Filing 45 Notice of Oral Argument on Monday, February 1, 2016 - 09:30 A.M. - Courtroom 1 - Pasadena CA. View the REVISED: Oral Argument Calendar for your case # here . When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: PASADENA Office. [9815914] [14-55456, 14-55577] (LN) [Entered: 01/05/2016 03:16 PM] |
| Filing 44 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Kelu L. Sullivan for Appellant Globefill Incorporated in 14-55456. [9771746] [14-55456, 14-55577] (Sullivan, Kelu) [Entered: 11/25/2015 06:36 PM] |
| Filing 43 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Jon Miller for Appellee Kim Brandi in 14-55456. [9768813] [14-55456, 14-55577] (Miller, Jon) [Entered: 11/24/2015 11:16 AM] |
| Filing 42 Filed (ECF) Acknowledgment of hearing notice. Location: Pasadena. Filed by Attorney Mr. Paul S. Marks for Appellant Elements Spirits, Inc. in 14-55577. [9768620] [14-55456, 14-55577] (Marks, Paul) [Entered: 11/24/2015 10:24 AM] |
| Filing 41 Notice of Oral Argument on Monday, February 1, 2016 - 09:00 A.M. - Courtroom 1 - Pasadena CA. View the Oral Argument Calendar for your case # here . When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: PASADENA Office. [9768272] [14-55456, 14-55577] (LN) [Entered: 11/24/2015 08:52 AM] |
| Filing 40 Filed Appellant/Cross-Appellee Globefill Incorporated 4 copies of CD containing Ex. 600 and Ex. 626. Sent to Panel. [9739920] [14-55456, 14-55577] (TLH) [Entered: 10/30/2015 03:09 PM] |
| Filing 39 Filed clerk order (Deputy Clerk: JN): The motion of Globefill, Inc., to transmit physical and documentary exhibits is granted. See 9th Cir. R. 27-14. [9739023] [14-55456, 14-55577] (OC) [Entered: 10/30/2015 10:01 AM] |
| Filing 38 Filed (ECF) Appellant Elements Spirits, Inc. in 14-55577 Correspondence: Letter re regarding availability for oral argument. Date of service: 10/23/2015 [9730940] [14-55456, 14-55577] (Marks, Paul) [Entered: 10/23/2015 02:46 PM] |
| Filing 37 This case is being considered for the February 2016 oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: # http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2016.pdf . Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 7 days of this notice by sending a letter to the Court using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). The Court discourages motions to continue after this 7-day period. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. In addition, if parties are discussing settlement or would like to discuss settlement before argument, they should contact the mediation unit immediately ( # ca09_mediation@ca9.uscourts.gov ). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[9726050] (AW) [Entered: 10/20/2015 07:26 PM] |
| Filing 36 Received 7 paper copies of the cross-appeal reply brief [ # 34 ] filed by Elements Spirits, Inc.. [9488431] [14-55456, 14-55577] (SD) [Entered: 04/08/2015 01:56 PM] |
| Filing 35 Filed clerk order: The cross-appeal reply brief [ # 34 ] submitted by Elements Spirits, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9485452] [14-55456, 14-55577] (KT) [Entered: 04/06/2015 03:27 PM] |
| Filing 34 Submitted (ECF) Cross-Appeal Reply Brief for review. Submitted by Appellant Elements Spirits, Inc. in 14-55577, Appellee Elements Spirits, Inc. in 14-55456. Date of service: 04/03/2015. [9483903] [14-55577, 14-55456]--[COURT UPDATE: Attached corrected brief. 04/06/2015 by RY] (Neufeld, Timothy) [Entered: 04/03/2015 03:57 PM] |
| Filing 33 Received 7 paper copies of Third Brief on Cross-Appeal [ # 29 ] filed by Globefill Incorporated. [9434205] [14-55456, 14-55577] (SD) [Entered: 02/25/2015 11:25 AM] |
| Filing 32 Streamlined request [31] by Appellant Elements Spirits, Inc. in 14-55577, Appellee Elements Spirits, Inc. in 14-55456 to extend time to file the reply brief is approved. Amended briefing schedule: the optional reply brief is due April 3, 2015. [9433366] [14-55577, 14-55456] (TH) [Entered: 02/24/2015 04:44 PM] |
| Filing 31 Filed (ECF) Streamlined request for extension of time to file Cross-Appeal Reply Brief by Appellee Elements Spirits, Inc. in 14-55456, Appellant Elements Spirits, Inc. in 14-55577. New requested due date is 04/03/2015. [9433299] [14-55456, 14-55577] (Neufeld, Timothy) [Entered: 02/24/2015 04:28 PM] |
| Filing 30 Filed clerk order: The third brief on cross-appeal [ # 29 ] submitted by Globefill Incorporated is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: yellow. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9427975] [14-55456, 14-55577] (KT) [Entered: 02/20/2015 10:47 AM] |
| Filing 29 Submitted (ECF) Third Brief on Cross-Appeal for review. Submitted by Appellant Globefill Incorporated in 14-55456, Appellee Globefill Incorporated in 14-55577. Date of service: 02/19/2015. [9427506] [14-55456, 14-55577] (Warren, Thomas) [Entered: 02/19/2015 05:13 PM] |
| Filing 28 Streamlined request [27] by Appellant Globefill Incorporated in 14-55456, Appellant Elements Spirits, Inc. in 14-55577 to extend time to file the brief is approved. Amended briefing schedule: Third brief on cross appeal due 02/19/2015 for Kim Brandi. The optional reply brief is due 14 days from the date of service of the answering brief. [9374994] [14-55456, 14-55577] (LKK) [Entered: 01/08/2015 10:39 AM] |
| Filing 27 Filed (ECF) Streamlined request for extension of time to file Third Brief on Cross-Appeal by Appellant Globefill Incorporated in 14-55456, Appellee Globefill Incorporated in 14-55577. New requested due date is 02/19/2015. [9374674] [14-55456, 14-55577] (Warren, Thomas) [Entered: 01/08/2015 07:27 AM] |
| Filing 25 Received 7 paper copies of Second Brief on Cross-Appeal [ # 20 ] filed by Kim Brandi. [9369880] [14-55456, 14-55577] (SD) [Entered: 01/05/2015 11:31 AM] |
| Filing 26 Filed Appellee/Cross-Appellant Elements Spirits, Inc. paper copies of supplemental excerpts of record [ # 21 ] in 1 volume. [9374539] [14-55456, 14-55577] (TLH) [Entered: 01/07/2015 04:29 PM] |
| Filing 24 Received 7 paper copies of Second Brief on Cross-Appeal [ # 21 ] filed by Elements Spirits, Inc.. [9368311] [14-55456, 14-55577] (SD) [Entered: 01/02/2015 11:27 AM] |
| Filing 23 Filed clerk order: The second brief on cross-appeal [ # 21 ] submitted by Elements Spirits, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [ # 21 ] submitted by Elements Spirits, Inc. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9364685] [14-55456, 14-55577] (TLH) [Entered: 12/29/2014 04:58 PM] |
| Filing 22 Filed clerk order: The second brief on cross-appeal [ # 20 ] submitted by Kim Brandi is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9362048] [14-55456, 14-55577] (TLH) [Entered: 12/24/2014 02:37 PM] |
| Filing 21 Submitted (ECF) Second Brief on Cross-Appeal and supplemental excerpts of record for review. Submitted by Appellant Elements Spirits, Inc. in 14-55577, Appellee Elements Spirits, Inc. in 14-55456. Date of service: 12/18/2014. [9355568] [14-55577, 14-55456] --[COURT UPDATE: Attached corrected brief. 12/29/2014 by TL] (Neufeld, Timothy) [Entered: 12/18/2014 05:02 PM] |
| Filing 20 Submitted (ECF) Second Brief on Cross-Appeal for review. Submitted by Appellee Kim Brandi in 14-55456. Date of service: 12/18/2014. [9355209] [14-55456, 14-55577] --[COURT UPDATE: Updated docket text to reflect correct brief type. 12/19/2014 by TL] (Miller, Jon) [Entered: 12/18/2014 02:52 PM] |
| Filing 19 Filed clerk order (Deputy Clerk: GS): Granting Second Motion (ECF Filing) filed by Appellee Elements Spirits, Inc.; Granting Motion (ECF Filing) motion to extend time to file brief filed by Appellee Elements Spirits, Inc. Second brief on cross appeal due 12/18/2014 for Kim Brandi and Elements Spirits, Inc.. Third brief on cross appeal due 01/20/2015 for Globefill Incorporated. The optional reply brief is due 14 days after service of the answering brief. Appellant Globefill's motion to transmit exhibit shall be addressed by separate order. [9288040] [14-55456, 14-55577] (GS) [Entered: 10/23/2014 01:26 PM] |
| Filing 18 Filed (ECF) Appellee Kim Brandi response joining motion (,motion to extend time to file brief). Date of service: 10/22/2014. [9286682] --[COURT UPDATE: Spread to case 14-55577. 10/22/2014 by TL] (Miller, Jon) [Entered: 10/22/2014 02:12 PM] |
| Filing 17 Filed (ECF) Appellee Elements Spirits, Inc. in 14-55456 Motion to extend time to file Answering brief until 12/18/2014. Date of service: 10/20/2014. [9282765] [14-55456, 14-55577] (Marks, Paul) [Entered: 10/20/2014 01:18 PM] |
| Filing 16 Filed (ECF) Appellant Globefill Incorporated in 14-55456, Appellee Globefill Incorporated in 14-55577 Unopposed Motion to transmit exhibit. Date of service: 09/19/2014. [9246761] [14-55456, 14-55577] (Warren, Thomas) [Entered: 09/19/2014 02:24 PM] |
| Filing 14 ENTRY UPDATED. ORIGINAL TEXT: Streamlined request [9237279-2] by Appellee Kim Brandi in 14-55456 to extend time to file the brief is approved. Amended briefing schedule: the answering brief in 14-55456 for Kim Brandi is due 11/3/14. The optional reply brief is due 14 days from the date of service of the answering brief in 14-55456. [9237699] [14-55456, 14-55577] Streamlined request [9237279-2]. [9237699] [14-55456, 14-55577]--[Edited 10/01/2014 by LKK] (LKK) [Entered: 09/11/2014 04:18 PM] |
| Filing 15 Received Appellant/Cross-Appellee Globefill Incorporated 4 copies of CD containing Ex. 600 and Ex. 626. Deficiencies: motion to file physical exhibit is required. Notified counsel (See attached notice). [9238338] [14-55456, 14-55577] (TLH) [Entered: 09/12/2014 10:28 AM] |
| Filing 13 Filed Appellant/Cross-Appellee Globefill Incorporated paper copies of excerpts of record [ # 8 ] in 8 volume(s). [9237512] [14-55456, 14-55577] (TLH) [Entered: 09/11/2014 03:30 PM] |
| Filing 12 Received 7 paper copies of First Brief on Cross-Appeal [ # 8 ] filed by Globefill Incorporated. [9235859] [14-55456, 14-55577] (SD) [Entered: 09/10/2014 03:52 PM] |
| Filing 11 Streamlined request [10] by Appellant Elements Spirits, Inc. in 14-55577 to extend time to file the brief is approved. Amended briefing schedule: Second brief on cross appeal due 11/03/2014 for Elements Spirits, Inc.. Third brief on cross appeal due 12/03/2014 for Globefill Incorporated. The optional reply brief is due 14 days from the date of service of the answering brief. [9234274] [14-55456, 14-55577] (LKK) [Entered: 09/09/2014 04:03 PM] |
| Filing 10 Filed (ECF) Streamlined request for extension of time to file Second Brief on Cross-Appeal by Appellee Elements Spirits, Inc. in 14-55456, Appellant Elements Spirits, Inc. in 14-55577. New requested due date is 11/03/2014. [9234030] [14-55456, 14-55577] (Marks, Paul) [Entered: 09/09/2014 02:42 PM] |
| Filing 9 Filed clerk order: The first brief on cross-appeal [ # 8 ] submitted by Globefill Incorporated is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [ # 8 ] submitted by Globefill Incorporated. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9228518] [14-55456, 14-55577] (TLH) [Entered: 09/04/2014 11:33 AM] |
| Filing 8 Submitted (ECF) First Brief on Cross-Appeal and excerpts of record for review. Submitted by Appellant Globefill Incorporated in 14-55456, Appellee Globefill Incorporated in 14-55577. Date of service: 09/02/2014. [9226098] [14-55456, 14-55577] --[COURT UPDATE: Updated docket text to reflect correct brief type. 09/04/2014 by TL] (Warren, Thomas) [Entered: 09/02/2014 04:19 PM] |
| Filing 7 Added attorney Thomas D. Warren for Globefill Incorporated, in case 14-55456 Thomas D. Warren for Globefill Incorporated, in case 14-55577. [9225948] [14-55456, 14-55577] (RR) [Entered: 09/02/2014 03:15 PM] |
| Filing 6 Filed (ECF) notice of appearance of Thomas D. Warren for Appellant Globefill Incorporated in 14-55456, Appellee Globefill Incorporated in 14-55577. Date of service: 09/02/2014. [9225929] [14-55456, 14-55577] (Warren, Thomas) [Entered: 09/02/2014 03:09 PM] |
| Filing 5 Filed order MEDIATION (SL): The court has determined that these appeals will not be selected for inclusion in the Mediation Program. Counsel are requested to contact the undersigned by phone (415-355-7915) or email (stephen_liacouras@ca9.uscourts.gov) should circumstances develop that warrant further settlement discussions while the appeals are pending. [9111340] [14-55456, 14-55577] (RT) [Entered: 05/28/2014 02:54 PM] |
| Filing 4 MEDIATION CONFERENCE RESCHEDULED - Assessment Conference, 05/27/2014, 1:00 p.m. Pacific Time. (originally scheduled on 05/22/2014 ). [9105898] [14-55456, 14-55577] (VS) [Entered: 05/22/2014 12:26 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: CB): The clerk sua sponte consolidates Nos. 14-55456 and 14-55577. The cases shall be briefing pursuant to Fed. R. App. P. 28.1. Defendant shall have designated and order the transcripts pursuant to Ninth Circuit Rule 10-3.1. Plantiffs first brief on cross-appeal is due September 2, 2014. Defendants second brief on cross-appeal and answering brief is due October 2, 2014. Plaintiffs third brief on cross-appeal is due November 3, 2014. The optional reply brief is due within 14 days after service of the third brief. [9056329] [14-55456, 14-55577] (WL) [Entered: 04/14/2014 10:16 AM] |
| Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. The schedule has not been set and will be set by separate order. [9055071] (JN) [Entered: 04/11/2014 01:32 PM] |
| Filing 1 Deleted Incorrect Entry * (Court correction) [9054756] [14-55577, 14-55456] (JN) [Entered: 04/11/2014 11:24 AM] |
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