The Sturgis Area Chamber of Commerce v. Little Sturgis Rally and Races for Charity, Inc. Featured Case

Plaintiff: The Sturgis Area Chamber of Commerce
Defendant: Little Sturgis Rally and Races for Charity, Inc.
 
Case Number: 5:2008cv05024
Filed: March 20, 2008
 
Court: South Dakota District Court
Office: Trademark Office
County: Meade
Presiding Judge: Karen E. Schreier
 
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 15:1125 Trademark Infringement (Lanham Act)

Docket Report

We have record of the following docket entries for this case:
Date Filed#Document Text
May 23, 2011 80 CONSENT JUDGMENT in favor of Sturgis Motorcycle Rally, Inc. against Little Sturgis Rally and Races for Charity, Inc. The Court notes that the Plaintiff's Identification in the Document Case Caption is incorrect and should read "Sturgis Motorcycle Rally, Inc." Signed by U. S. District Judge Jeffrey L. Viken on 5/23/2011. (SLP)
March 15, 2011 79 Featured Case ORDER denying 56 Motion for Summary Judgment; denying 59 Motion for Summary Judgment; adopting 78 Report and Recommendation. Signed by U. S. District Judge Jeffrey L. Viken on 3/15/11. (SB)
February 25, 2011 78 REPORT AND RECOMMENDATION recommending denial of both parties' MOTION for Summary Judgment, 56 and 59 . Objections to R&R due by 3/14/2011. Signed by US Magistrate Judge Veronica L. Duffy on 02/25/11. (Attachments: # 1 Appendix)(Duffy, Veronica)
January 12, 2011 77 Featured Case ORDER REFERRING MOTIONS: 56 MOTION for Summary Judgment filed by Little Sturgis Rally and Races for Charity, Inc., and 59 MOTION for Summary Judgment. Signed by U. S. District Judge Jeffrey L. Viken on 1/12/11. Motions referred to Veronica L. Duffy. (SB)
July 15, 2010 76 Featured Case ORDER granting 75 Motion to Substitute Party. The Sturgis Area Chamber of Commerce terminated. Sturgis Motorcycle Rally, Inc., is substituted as plaintiff. Signed by U. S. District Judge Jeffrey L. Viken on 7/15/10. (SB)
July 13, 2010 75 MOTION to Substitute Party Sturgis Motorcycle Rally, Inc for Plaintiff by The Sturgis Area Chamber of Commerce. (Attachments: # 1 Text of Proposed Order)(Loos, Michael)
July 6, 2010 74 REPLY re 56 Motion for Summary Judgment filed by Little Sturgis Rally and Races for Charity, Inc.. (Wieczorek, Talbot) Modified on 7/9/2010 (SST).
July 5, 2010 73 REPLY re 59 MOTION for Summary Judgment filed by The Sturgis Area Chamber of Commerce. (Attachments: # 1 Exhibit Amended Exhibit B)(Loos, Michael) Modified on 7/9/2010 (SST).
July 1, 2010 72 SUPPLEMENT by Plaintiff The Sturgis Area Chamber of Commerce re 65 Response to Motion. (Attachments: # 1 Exhibit Exhibit AA, # 2 Exhibit Exhibit BB, # 3 Exhibit Amended Exhibit M)(Loos, Michael)
June 23, 2010 71 NOTICE of Report on Filing of an Action Regarding a Patent or Trademark. (SST)
June 22, 2010 70 RESPONSE to 61 Statement of Material Facts; 59 Motion for Summary Judgment filed by Little Sturgis Rally and Races for Charity, Inc.. (Wieczorek, Talbot) Modified on 6/23/2010 to link to motion(JMM).
June 22, 2010 69 RESPONSE to Motion re 59 MOTION for Summary Judgment filed by Little Sturgis Rally and Races for Charity, Inc.. (Attachments: # 1 Exhibit 1 - Smith Deposition, # 2 Exhibit 2- Thomas Deposition, # 3 Exhibit 3- House Deposition, # 4 Exhibit 4- Kinney I deposition, # 5 Exhibit 5- Kinney II deposition, # 6 Exhibit 6- Loobey-Gertsch deposition, # 7 Exhibit 7- Carlene Thomas deposition, # 8 Exhibit 8- Lisa Jones deposition, # 9 Exhibit 9 - Lisa Weyer deposition, # 10 Exhibit 10 - Newspaper article)(Wieczorek, Talbot)
June 21, 2010 68 RESPONSE to 58 Statement of Material Facts; 56 filed by The Sturgis Area Chamber of Commerce. (Loos, Michael) Modified on 6/23/2010 to link to motion (JMM).
June 21, 2010 67 SUPPLEMENT by Plaintiff The Sturgis Area Chamber of Commerce re 65 Response to Motion EXHIBIT Z; 56 motion for summary judgment. (Loos, Michael) Modified on 6/23/2010 to link to motion (JMM).
June 21, 2010 66 SUPPLEMENT by Plaintiff The Sturgis Area Chamber of Commerce re 65 Response to Motion EXHIBIT Y; 56 motion for summary judgment. (Loos, Michael) Modified on 6/23/2010 to link to motion (JMM).
June 21, 2010 65 RESPONSE to Motion re 56 MOTION for Summary Judgment filed by The Sturgis Area Chamber of Commerce. (Loos, Michael)
June 2, 2010 64 SUPPLEMENT by Plaintiff The Sturgis Area Chamber of Commerce re 61 Statement of Material Facts; 59 Motion for Summary Judgment. (Attachments: # 1 Exhibit K - U.S. Fed. Trademark App. No. 76/151,301 - Trademark Electronic Search System Documents, # 2 Exhibit L - Letter from LSR to Smith, # 3 Exhibit M - Excerpts of Deposition of Dean Kinney, # 4 Exhibit N - U.S. Fed. Trademark Opp. No. 91157512, # 5 Exhibit O - Defendant's First Set of Interrogatories to Plaintiff's No. 4, # 6 Exhibit P - Letter to Ms. Jones, # 7 Exhibit Q - Excerpts of Deposition of Smith, # 8 Exhibit R - Letter regarding licensing, # 9 Exhibit S - Trademark Trial and Appeal Board Judgment, # 10 Exhibit T - Excerpts of Deposition of House, # 11 Exhibit U - Excerpts of Deposition of Bill Thomas, # 12 Exhibit V - Excerpts of Deposition of Carlene Thomas, # 13 Exhibit W - Sponsorship Information, # 14 Exhibit X - LSR financial documents)(Loos, Michael) Modified on 6/3/2010 to identify exhibits (CMS). Modified on 6/23/2010 to link to motion (JMM).
June 2, 2010 63 SUPPLEMENT by Plaintiff The Sturgis Area Chamber of Commerce re 61 Statement of Material Facts; 59 Motion for Summary Judgment. (Attachments: # 1 Exhibit F1 - U.S. Fed. Trademark App. No. 76359702/Smith Application (Pgs. 1-23), # 2 Exhibit F2 - U.S. Fed. Trademark App. No. 76359702/Smith Application (Pgs. 24-27), # 3 Exhibit G - Excerpts of Deposition of Lisa Jones, # 4 Exhibit H - Committee Minutes, # 5 Exhibit I - Plaque, # 6 Exhibit J - Sample articles by Lucas/Metz)(Loos, Michael) Modified on 6/3/2010 to identify exhibits (CMS). Modified on 6/23/2010 to link to motion(JMM).
June 2, 2010 62 SUPPLEMENT by Plaintiff The Sturgis Area Chamber of Commerce re 61 Statement of Material Facts; 59 motion for summary judgment. (Attachments: # 1 Exhibit A1 - Affidavit of Dean Kinney (Pgs. 1-4), # 2 Exhibit A2 - Affidavit of Dean Kenney (Pgs. 5-9), # 3 Exhibit B - Excerpts of Deposition of Billy House, # 4 Exhibit C - U.S. Fed. Trademark Reg. No. 1,948,097 - Trademark Electronic Search System Documents, # 5 Exhibit D - U.S. Fed. Trademark Reg. No. 76/201,759 - Trademark Electonic Search System Documents, # 6 Exhibit E - Excerpts of Deposition of Phillip W. Smith)(Loos, Michael) Modified on 6/3/2010 to identify exhibits (CMS). Modified on 6/23/2010 to link to motion(JMM).
June 1, 2010 61 STATEMENT OF MATERIAL FACTS re 60 Memorandum in Support of Motion, 59 Motion for Summary Judgment by Plaintiff The Sturgis Area Chamber of Commerce filed by The Sturgis Area Chamber of Commerce. (Loos, Michael)
June 1, 2010 60 MEMORANDUM in Support re 59 MOTION for Summary Judgment filed by The Sturgis Area Chamber of Commerce. (Loos, Michael)
June 1, 2010 59 MOTION for Summary Judgment by The Sturgis Area Chamber of Commerce. (Loos, Michael)
May 28, 2010 58 STATEMENT OF MATERIAL FACTS re 56 Motion for Summary Judgment by Defendant Little Sturgis Rally and Races for Charity, Inc.. (Attachments: # 1 Exhibit 1 Depo of Billy House, # 2 Exhibit 2 Depo of Lisa Jones, # 3 Exhibit 3.1 Depo of Smith, # 4 Exhibit 3.2 Affidavit of Smith, # 5 Exhibit 3.3 Minutes LSR dated 10-10-00, # 6 Exhibit 3.4 Trademark/Service Mark App, # 7 Exhibit 3.5 Notice of Opposition, # 8 Exhibit 3.6 Answer to Opposition, # 9 Exhibit 3.7 Smith letter to LSR, # 10 Exhibit 3.8 Price letter to LSR, # 11 Exhibit 3.9 Fax Smith to LSR, # 12 Exhibit 4 Affidavit of Billy House, # 13 Exhibit 5 Depo of Lisa Weyer, # 14 Exhibit 6 Plaintiffs Response to Defendant's First Set of Interrogatories, # 15 Exhibit 7 Depo of Dean Kinney dated 4-21-10, # 16 Exhibit 8 Depo of Michele Loobey-Gertsch, # 17 Exhibit 9 Complaint, # 18 Exhibit 10 Depo of Kinney dated 1-19-10, # 19 Exhibit 11 Plaintiffs Response to Defendants Second Set of Interrogatories, # 20 Exhibit 12 Depo of Carlene Thomas dated 3-16-10, # 21 Exhibit 13 Depo of Bill Thomas dated 3-16-10)(Wieczorek, Talbot)
May 28, 2010 57 MEMORANDUM in Support re 56 MOTION for Summary Judgment filed by Little Sturgis Rally and Races for Charity, Inc.. (Wieczorek, Talbot)
May 28, 2010 56 MOTION for Summary Judgment by Little Sturgis Rally and Races for Charity, Inc.. (Wieczorek, Talbot)
April 19, 2010 55 Featured Case ORDER granting 54 Motion to Extend Deadlines. Discovery due by 4/26/2010. Motions due by 6/1/2010. Signed by U. S. District Judge Jeffrey L. Viken on 4/19/10. (SB)
April 16, 2010 54 MOTION to Extend Deadlines For Discovery by The Sturgis Area Chamber of Commerce. (Loos, Michael)
April 6, 2010 53 AMENDED NOTICE to Take Deposition of Designee(s) (Wieczorek, Talbot)
April 2, 2010 52 Defendant's F.R.C.P. 30(b)(6) NOTICE to Take Deposition of Corporate Designee(s) (Wieczorek, Talbot)
March 12, 2010 51 PRO HAC VICE fee paid by Noelle Valentine (SLW)
March 8, 2010 49 Featured Case ORDER granting 48 Motion for Attorney Noelle E. Valentine to appear pro hac vice. Signed by U. S. District Judge Jeffrey L. Viken on 3/8/10. (SB)
March 4, 2010 48 MOTION to Appoint Counsel Pro Hac Vice by The Sturgis Area Chamber of Commerce. (Attachments: # 1 Text of Proposed Order Order To Admit Nonresident Attorney)(Loos, Michael)
January 6, 2010 47 NOTICE to Take Deposition of Lisa Weyer (Wieczorek, Talbot)
January 6, 2010 46 NOTICE to Take Deposition of Michele Loobey-Gertsch (Wieczorek, Talbot)
January 6, 2010 45 NOTICE to Take Deposition of Dean Kinney (Wieczorek, Talbot)
December 30, 2009 44 Featured Case ORDER granting 43 Motion to Extend. Signed by U. S. District Judge Jeffrey L. Viken on 12/30/09. (SB)
December 29, 2009 43 Joint MOTION to Extend Time For Discovery And Motions Deadlines by The Sturgis Area Chamber of Commerce. (Loos, Michael)
December 29, 2009 NOTICE of Filing Error: Motion to Extend Deadlines 42 filed by Plaintiff The Sturgis Area Chamber of Commerce FILED IN ERROR (Loos, Michael)
December 28, 2009 42 FILED IN ERROR: MOTION to Extend Deadlines For Discovery and Motions by The Sturgis Area Chamber of Commerce. (Loos, Michael) Modified on 12/29/2009 (SST).
November 17, 2009 41 Featured Case ORDER granting 40 Motion to Extend Deadlines. Signed by U. S. District Judge Jeffrey L. Viken on 11/17/09. (SB)
November 16, 2009 40 MOTION to Extend Deadlines To Identify And Secure Reports From Retained Experts by The Sturgis Area Chamber of Commerce. (Attachments: # 1 Text of Proposed Order Order Enlarging Time In Which To Identify And Secure Reports From Retained Experts)(Loos, Michael)
October 1, 2009 39 Featured Case ORDER REASSIGNING CASE. Case reassigned to U. S. District Judge Jeffrey L. Viken for all further proceedings. Chief Judge Karen E. Schreier no longer assigned to case. Signed by Chief Judge Karen E. Schreier on 10/1/2009. (BBH)
September 3, 2009 38 Featured Case ORDER granting 36 Motion for Protective Order. Signed by Chief Judge Karen E. Schreier on 9/3/09. (Attachments: # 1 Exhibit A.) (SST)
September 2, 2009 37 PROPOSED ORDER by The Sturgis Area Chamber of Commerce re 36 Consent MOTION for Protective Order. (Attachments: # 1 Exhibit A)(Loos, Michael)
September 2, 2009 36 Consent MOTION for Protective Order by The Sturgis Area Chamber of Commerce. (Loos, Michael)
May 20, 2009 35 Featured Case ORDER denying 17 Motion to Amend/Correct. Signed by Chief Judge Karen E. Schreier on 5/20/2009. (KC)
May 19, 2009 34 Featured Case ORDER denying 19 Motion for Default Judgment; granting 20 Motion for Extension of Time to Answer.. Signed by Chief Judge Karen E. Schreier on 5/19/2009. (KC)
February 4, 2009 33 RESPONSE to Motion re 17 First MOTION to Amend/Correct Order Denying Defendant's Motion to Dismiss filed by The Sturgis Area Chamber of Commerce. (Loos, Michael)
February 4, 2009 32 RESPONSE to Motion re 20 MOTION for Extension of Time to File Answer filed by The Sturgis Area Chamber of Commerce. (Loos, Michael)
February 4, 2009 31 Featured Case SCHEDULING ORDER: Discovery due by 2/16/2010. Motions due by 4/1/2010. Signed by Chief Judge Karen E. Schreier on 2/4/2009. (KC)
February 3, 2009 30 REPORT of Rule 26(f) Planning Meeting. (Loos, Michael)
January 21, 2009 29 PRO HAC VICE fee paid by Clayborne Loos for Dwayne C. Norton and Jason M. Sneed in the amount of $200, Receipt SDX500001440 (JLH)
January 21, 2009 26 Featured Case ORDER granting 25 Motion for Attorney Keith Rounder to appear Pro Hac Vice. Signed by Chief Judge Karen E. Schreier on 1/21/2009. (KC)
January 20, 2009 25 MOTION for attorney Keith Rounder to Appear Pro Hac Vice by Little Sturgis Rally and Races for Charity, Inc.. (Attachments: # 1 Receipt SDX500001437 in the amt of $100.00)(JLH)
January 20, 2009 24 Featured Case ORDER granting 23 Motion to Appoint Counsel Pro Hac Vice. Attorneys Dwayne C. Norton and James M. Sneed admitted. Signed by Chief Judge Karen E. Schreier on 1/20/2009. (KC)
January 20, 2009 23 MOTION to Appoint Counsel Pro Hac Vice by The Sturgis Area Chamber of Commerce. (Loos, Michael)
January 20, 2009 22 Defendant's ANSWER to 1 Complaint by Little Sturgis Rally and Races for Charity, Inc..(Wieczorek, Talbot)
January 20, 2009 21 MEMORANDUM in Support re 20 MOTION for Extension of Time to File Answer filed by Little Sturgis Rally and Races for Charity, Inc.. (Wieczorek, Talbot)
January 20, 2009 20 MOTION for Extension of Time to File Answer by Little Sturgis Rally and Races for Charity, Inc.. (Wieczorek, Talbot)
January 16, 2009 19 MOTION for Default Judgment as to Little Sturgis Rally And Races For Charity, Inc. by The Sturgis Area Chamber of Commerce. (Attachments: # 1 Exhibit Proposed Order For Entry Of Default)(Loos, Michael)
January 15, 2009 18 MEMORANDUM in Support re 17 First MOTION to Amend/Correct Order Denying Defendant's Motion to Dismiss filed by Little Sturgis Rally and Races for Charity, Inc.. (Wieczorek, Talbot)
January 15, 2009 17 First MOTION to Amend/Correct Order Denying Defendant's Motion to Dismiss by Little Sturgis Rally and Races for Charity, Inc.. (Wieczorek, Talbot)
December 19, 2008 16 Featured Case ORDER For Form 52 Report and Scheduling Information. Signed by Chief Judge Karen E. Schreier on 12/19/2008. (KC)
December 19, 2008 15 Featured Case ORDER denying 5 Motion to Dismiss for Lack of Jurisdiction. Signed by Chief Judge Karen E. Schreier on 12/19/2008. (KC)
October 21, 2008 14 NOTICE of Appearance by Michael C. Loos on behalf of The Sturgis Area Chamber of Commerce (Loos, Michael)
July 1, 2008 13 REPLY to Motion Reponse re 5 MOTION to Dismiss for Lack of Jurisdiction filed by Little Sturgis Rally and Races for Charity, Inc.. (Attachments: # 1 Affidavit of Lisa Marie Jones, # 2 Exhibit A)(Wieczorek, Talbot) Modified on 7/2/2008 (SST).
June 6, 2008 12 CERTIFICATE OF SERVICE by The Sturgis Area Chamber of Commerce re 11 Affidavit, 10 Response to Motion (BBH)
June 6, 2008 11 AFFIDAVIT of Dean Kinney. (Attachments: # 1 Exhibit 1, Pages from Internet site depicting products offered for sale)(BBH)
June 6, 2008 10 RESPONSE to Motion re 5 MOTION to Dismiss for Lack of Jurisdiction filed by The Sturgis Area Chamber of Commerce. (BBH)
April 24, 2008 9 CERTIFICATE OF SERVICE by Little Sturgis Rally and Races for Charity, Inc. re 7 Affidavit, 8 Affidavit (Wieczorek, Talbot)
April 24, 2008 8 AFFIDAVIT of Lisa Marie Jones re 5 MOTION to Dismiss for Lack of Jurisdiction. (Wieczorek, Talbot)
April 24, 2008 7 AFFIDAVIT of Billy Thomas House re 5 MOTION to Dismiss for Lack of Jurisdiction. (Wieczorek, Talbot)
April 24, 2008 6 MEMORANDUM in Support re 5 MOTION to Dismiss for Lack of Jurisdiction filed by Little Sturgis Rally and Races for Charity, Inc.. (Wieczorek, Talbot)
April 24, 2008 5 MOTION to Dismiss for Lack of Jurisdiction by Little Sturgis Rally and Races for Charity, Inc.. (Wieczorek, Talbot)
March 20, 2008 4 Summons Issued as to Little Sturgis Rally and Races for Charity, Inc. (A true and correct copy of the summons was hand-delivered to plaintiff's attorney.) (SST)
March 20, 2008 3 RECEIPT for Civil Filing Fee. Receipt No.: SDX500001121. Receipt Amount: $350. (SST)
March 20, 2008 2 CIVIL COVER SHEET. (SST)
March 20, 2008 1 COMPLAINT with Jury Demand, filed by The Sturgis Area Chamber of Commerce.(SST)

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Plaintiff: The Sturgis Area Chamber of Commerce
Represented By: Michael Paul Reynolds
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Defendant: Little Sturgis Rally and Races for Charity, Inc.
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