Excelled Sheepskin & Leather Coat Corp. v. Oregon Brewing Company
Plaintiff: Excelled Sheepskin & Leather Coat Corp.
Defendant: Oregon Brewing Company
Case Number: 1:2012cv01416
Filed: February 4, 2012
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: George B. Daniels
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1051
Jury Demanded By: Plaintiff
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Date Filed Document Text
November 5, 2020 Opinion or Order Filing 200 ORDER granting 199 Motion to Substitute Party. The unopposed motion to substitute a party pursuant to Federal Rule of Civil Procedure 25(c), (ECF No. 199), is GRANTED. The Clerk of Court is directed to close the motion at ECF No. 199. Coulter Ventures, LLC added. Oregon Brewing Company and Oregon Brewing Company terminated. (Signed by Judge George B. Daniels on 11/4/2020) (cf)
September 9, 2020 Opinion or Order Filing 197 MEMORANDUM DECISION AND ORDER adopting 196 Report and Recommendations; denying 176 Motion for Attorney Fees filed by Oregon Brewing Company. This Court has reviewed the Report, and finds no error, clear or otherwise. Magistrate Judge Aaron&# 039;s Report is ADOPTED. Accordingly, for the reasons stated in the Report, Defendant's motion for attorney's fees and costs, (ECF. No. 176), is DENIED. The Clerk of the Court is directed to close the motion accordingly. SO ORDERED. (Signed by Judge George B. Daniels on 9/9/2020) (va)
December 6, 2019 Opinion or Order Filing 175 CLERK'S JUDGMENT re: 174 Order of Dismissal. in favor of Oregon Brewing Company against Excelled Sheepskin & Leather Coat Corp. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated Decemb er 5, 2019, there is no just reason for delay, pursuant to Fed. R. Civ. P. 54(b), judgment is entered that Oregon Brewing Company's motion is granted; Excelled's claims for trademark counterfeiting under 15 U.S.C. § 1114(1)(b) (Count I ), trademark infringement under 15 U.S.C. § 1114(1)(a) (Count II), false designation of origin and unfair competition under 15 U.S.C. § 1125(1)(a) (Count III), unfair trade practices under the statutory laws of New York (Count IV), and common law trademark infringement (Count V) are hereby dismissed with prejudice. (Signed by Clerk of Court Ruby Krajick on 12/6/2019) (Attachments: # 1 Notice of Right to Appeal)(dt)
December 5, 2019 Opinion or Order Filing 174 ORDER ON OREGON BREWING COMPANY'S MOTION FOR ENTRY OF FINAL JUDGMENT IN FAVOR OF OREGON BREWING COMP ANY ON ALL OF EXCELLED'S CLAIMS (COUNTS I-V): This matter comes before the Court on Defendant/Counterclaimant Oregon Brewing Company's Motion for Entry of Final Judgment on all claims (Counts I-V) alleged by Plaintiff/Counterdefendant Excelled Sheepskin and Leather Coat Corporation's in its Complaint (Dkt. No. 1). Because there is no just reason for delay under Fed. R. Civ. P. 54(b), it is hereby ORDERED that Oregon Brewing Company's Motion is GRANTED. Excelled's claims for trademark counterfeiting under 15 U.S.C. § 1 l 14(1)(b) (Count I), trademark infringement under 15 U.S.C. § 1114(l)(a) (Count I I), false designation of origin and unfair competition under 15 U.S.C § 1125(a) (Count III), unfair trade practices under the statutory laws of New York (Count IV), and common law trademark infringement (Count V) are hereby DISMISSED WITH PREJUDICE. (Signed by Judge George B. Daniels on 12/5/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.
September 28, 2016 Opinion or Order Filing 140 MEMORANDUM DECISION AND ORDER: Adopting REPORT AND RECOMMENDATION. Magistrate Judge Ellis' Report and Recommendation to award statutory damages, attorneys' fees, and injunctive relief is adopted. Plaintiff is awarded statutory damages in th e amount of $1,000, plus reasonable attorneys' fees to be determined upon submission of contemporaneous time records or other relevant evidence. Pursuant to 15 U.S.C. § 1116, and the law of the State of New York, Defendant OBC and each of its agents, servants, employees, attorneys, assigns, and all others in privity or acting in concert with it are preliminarily and permanently enjoined from: Using or authorizing others to use the name and mark ROGUE or any other name, mark or dom ain name containing these terms, or any confusingly similar names or marks, in the advertising or sale of any clothing in Department and Clothing Stores; or in any trade channels other than where OBC's ROGUE branded beer is sold as complements t o and in promotion of Defendant's own brewing and beverage business. The Clerk of Court is directed to close the motion at ECF No. 128. SO ORDERED., Motions terminated: 128 MOTION for Attorney Fees filed by Excelled Sheepskin & Leather Coat Corp.. (Signed by Judge George B. Daniels on 9/28/2016) (ama)
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Plaintiff: Excelled Sheepskin & Leather Coat Corp.
Represented By: Michael A. Grow
Represented By: Bernice K. Leber
Represented By: Michael E. Twomey
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Defendant: Oregon Brewing Company
Represented By: Monica Susan Asher
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