Nordstrom, Inc. et al v. 7525419 Canada, Inc., et al
Nordstrom, Inc and NIHC, Inc. |
7525419 Canada, Inc., Beyond The Rack USA Inc. and Beyond The Rack Enterprises |
2:2012cv01387 |
August 16, 2012 |
US District Court for the Western District of Washington |
Seattle Office |
King |
Thomas S Zilly |
Trademark |
15 U.S.C. § 1051 |
Both |
Docket Report
This docket was last retrieved on September 13, 2013. A more recent docket listing may be available from PACER.
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Filing 65 REPORT/AO120 and Notice of Case Closed on the filing or determination of an action. E-mailed to the US Patent Office. (Attachments: #1 Notice of Settlement) (CL) |
This action is Dismissed with prejudice in accordance with the Parties' Stipulation for Dismissal (docket no. #63 ) and as per Fed. R. Civil Procedure 41(a)(1)(A)(ii). No court order is necessary. (CL) |
Filing 64 NOTICE from Mediator Leslie J. Lott, that on 4/24/2013, the parties participated in a mediation. This matter is now resolved. (CL) |
Filing 63 STIPULATION AND PROPOSED ORDER of Dismissal with Prejudice by parties. (Crittenden, John) |
Filing 62 NOTICE of Change of Address of Attorney Christopher B. Durbin. Filed by Defendants 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc.. (Durbin, Christopher) Modified Address on 4/9/2013 (DS). |
Filing 61 STIPULATED PROTECTIVE ORDER by Judge Thomas S. Zilly. (CL) |
Filing 60 STIPULATION AND PROPOSED ORDER FOR PROTECTIVE ORDER by parties. (Attachments: #1 Exhibit Redline)(Crittenden, John) |
***Motion terminated: Defts' #59 Joint MOTION for Protective Order is termed per Chambers. (KK/TF) |
Filing 59 Joint MOTION for Protective Order (Stipulated and Proposed) by Defendants 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc.. Noting Date 3/1/2013, (Hughes, Brendan) |
Filing 58 ORDER by Judge Thomas S. Zilly; Plaintiff's #3 Motion for a Preliminary Injunction is DENIED. (TF) |
Filing 57 NOTICE of Intent to Request Redaction by John Carlile Rawls, III of #55 Electronic Transcript (Rawls, John) |
Filing 56 Supplemental DECLARATION of Michael Krebs filed by Defendants 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc. re #3 MOTION for Preliminary Injunction (Oleksiuk, John) |
Filing 55 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion For Preliminary Injunction held on 11/28/2012 before Judge Thomas S. Zilly.Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript contact court reporter Barry L. Fanning by telephone at 206-370-8507. or by e-mail at barry_fanning@wawd.uscourts.gov.. Release of Transcript Restriction set for 3/11/2013, (BF) |
Filing 54 MINUTE ENTRY for proceedings held before Judge Thomas S. Zilly- Dep Clerk: Gail Glass; Pla Counsel: John Rawls and James Stoetzer; Def Counsel: John Crittenden and Christopher Durbin; CR: Barry Fanning; Motion Hearing held on 11/28/2012. For the reasons stated on the record, defendants' motion to strike, docket no. #34 , is GRANTED in part and DENIED in part as follows: (i) Paragraphs 2 and 3 of the Declaration of Jennifer Martin, docket no. #5 , are STRICKEN; (ii) Paragraph 27 of the Declaration of Geevy Thomas, docket no. #8 , is STRICKEN; and (iii) Paragraphs 23 and 24 of the Declaration of Sarah Silbert, docket no. #9 , are STRICKEN. Defendants' motion to strike is otherwise DENIED. All evidence not stricken will be considered by the Court and given the appropriate weight. The Court hears oral arguments of counsel on plaintiffs' motion for preliminary injunction, docket no. #3 . The Court takes the matter under advisement. (GG) |
Filing 53 MINUTE ORDER by Thomas S. Zilly, United States District Judge. The court GRANTS Defendants #32 unopposed motion to seal certain documents. (CL) |
Filing 52 EXHIBIT A through E re #8 Declaration, by Plaintiffs NIHC, Inc., Nordstrom, Inc.. (Attachments: #1 Exhibit A - D, #2 Exhibit E Part 1, #3 Exhibit E Part 2, #4 Exhibit E Part 3, #5 Exhibit E Part 4, #6 Exhibit E Part 5)(Stoetzer, James) |
Filing 51 MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES, AND DESIGNATING CASE FOR MEDIATION; Length of Trial: *5-7 days*. Mediation shall be completed no later than thirty (30) days prior to the trial date. Jury Trial is set for 10/15/2013 at 09:00 AM before Judge Thomas S. Zilly. Joinder of Parties due by 1/11/2013, Amended Pleadings due by 3/21/2013, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 3/21/2013, Motions due by 4/22/2013, Discovery completed by 5/20/2013, Dispositive motions due by 6/19/2013, Settlement conference to be held by 8/16/2013, 39.1 mediation to be completed by 9/16/2013, Motions in Limine due by 9/12/2013, Pretrial Order due by 10/2/2013, Trial briefs to be submitted by 10/2/2013, Proposed voir dire/jury instructions due by 10/2/2013, Pretrial Conference set for 10/7/2013 at 03:00 PM before Judge Thomas S. Zilly. by Judge Thomas S. Zilly. (CH) |
Filing 50 MINUTE ORDER by Judge Thomas S. Zilly, United States District Judge; Oral argument on plaintiffs' #3 motion for preliminary injunction is SCHEDULED for Wednesday, November 28, 2012, at 9:30 a.m. (TF) |
Filing 49 JOINT STATUS REPORT signed by all parties estimated Trial Days: 5-7.. (Rawls, John) |
Filing 48 RESPONSE by Plaintiffs NIHC, Inc., Nordstrom, Inc. re #34 Response to Motion Plaintiffs' Responses to Defendants' Consolidated Evidentiary Objections in Support of Plaintiffs' Motion for Preliminary Injunction. (Rawls, John) |
Filing 47 DECLARATION of Naomi Tobis in Support of Nordstrom's Reply in Support of Motion for Preliminary Injunction filed by Plaintiffs NIHC, Inc., Nordstrom, Inc. re #3 MOTION for Preliminary Injunction (Rawls, John) |
Filing 46 DECLARATION of John C. Rawls in Support of Plaintiffs' Reply in Support of Motion for Preliminary Injunction filed by Plaintiffs NIHC, Inc., Nordstrom, Inc. re #3 MOTION for Preliminary Injunction (Rawls, John) |
Filing 45 Supplemental DECLARATION of William O. Ferron, Jr. in Support of Plaintiffs' Reply in Support of Motion for Preliminary Injunction filed by Plaintiffs NIHC, Inc., Nordstrom, Inc. re #3 MOTION for Preliminary Injunction (Rawls, John) |
Filing 44 Supplemental DECLARATION of Bryan Galipeau in Support of Nordstrom Inc.'s Reply in Support of Motion for Preliminary Injunction filed by Plaintiffs NIHC, Inc., Nordstrom, Inc. re #3 MOTION for Preliminary Injunction (Rawls, John) |
Filing 43 Supplemental DECLARATION of Sarah Silbert in Support of Plaintiffs' Reply in Support of Motion for Preliminary Injunction filed by Plaintiffs NIHC, Inc., Nordstrom, Inc. re #3 MOTION for Preliminary Injunction (Rawls, John) |
Filing 42 Supplemental DECLARATION of Jennifer Martin in Support of Nordstrom Inc.'s Reply in Support of Motion for Preliminary Injunction filed by Plaintiffs NIHC, Inc., Nordstrom, Inc. re #3 MOTION for Preliminary Injunction (Rawls, John) |
Filing 41 Supplemental DECLARATION of Supplemental Declaration of David Langrock in Support of Nordstrom Inc.'s Reply in Support of Motion for Preliminary Injunction filed by Plaintiffs NIHC, Inc., Nordstrom, Inc. re #3 MOTION for Preliminary Injunction (Rawls, John) |
Filing 40 REPLY, filed by Plaintiffs NIHC, Inc., Nordstrom, Inc., TO RESPONSE to #3 MOTION for Preliminary Injunction (Rawls, John) |
Filing 39 ANSWER to #1 Complaint, with JURY DEMAND by 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc..(Crittenden, John) |
Filing 38 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Beyond the Rack Enterprises, Inc. for 7525419 Canada, Inc., Beyond The Rack USA Inc.. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Defendants 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc., Beyond the Rack Enterprises, Inc., Beyond the Rack Enterprises, Inc.. (Crittenden, John) |
Filing 37 SEALED DOCUMENT Defs Decl. of Michael Krebs ISO Motion to Seal and Exhibit by Defendants 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc. re #32 MOTION to Seal Portions of Opposition to Motion for Preliminary Injuction and Certain Materials in Support Thereof (Attachments: #1 Exhibit A)(Crittenden, John) |
Filing 36 SEALED DOCUMENT Declaration of Michael Krebs Kenneth Adessky ISO Opposition to Motion for Preliminary Injunction Exhibits by Defendants 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc. re #32 MOTION to Seal Portions of Opposition to Motion for Preliminary Injuction and Certain Materials in Support Thereof (Attachments: #1 A, #2 B, #3 C, #4 D, #5 E, #6 F, #7 G, #8 H, #9 I, #10 J, #11 K, #12 L, #13 M)(Crittenden, John) At the request of Counsel, correction made to docket entry regarding name of declarant. Modified on 9/25/2012 (VB). |
Filing 35 SEALED DOCUMENT Defs Opposition to Motion for Prelim Injunction by Defendants 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc. re #32 MOTION to Seal Portions of Opposition to Motion for Preliminary Injuction and Certain Materials in Support Thereof (Crittenden, John) |
Filing 34 RESPONSE, by Defendants 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc., to #3 MOTION for Preliminary Injunction . (Crittenden, John) |
Filing 33 DECLARATION of Michael Krebs in Support of Defendant's Motion to Seal Portions of Opposition to Motion for Preliminary Injunction and Certain Materials in Support Thereof filed by Defendants 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc. re #32 MOTION to Seal Portions of Opposition to Motion for Preliminary Injuction and Certain Materials in Support Thereof (Crittenden, John) |
Filing 32 MOTION to Seal Portions of Opposition to Motion for Preliminary Injuction and Certain Materials in Support Thereof by Defendants 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc.. (Attachments: #1 Proposed Order) Noting Date 10/5/2012, (Crittenden, John) |
Filing 31 DECLARATION of John Paul Oleksiuk in Support of Defendants' Opposition to Motion for Preliminary Injunction filed by Defendants 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc. re #3 MOTION for Preliminary Injunction (Attachments: #1 A, #2 B, #3 C, #4 D, #5 E, #6 F, #7 G, #8 H, #9 I, #10 J, #11 K, #12 L, #13 M, #14 N, #15 O, #16 P, #17 Q, #18 R, #19 S, #20 T, #21 U, #22 V, #23 W, #24 X, #25 Y, #26 Z, #27 AA, #28 BB, #29 CC, #30 DD, #31 EE, #32 FF, #33 GG, #34 HH)(Crittenden, John) |
Filing 30 DECLARATION of Kenneth S. Adessky In Support of Defendant's Opposition to Motion for Preliminary Injunction filed by Defendants 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc. re #3 MOTION for Preliminary Injunction (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Crittenden, John) |
Filing 29 DECLARATION of Michael Krebs filed by Defendants 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc. re #3 MOTION for Preliminary Injunction (Attachments: #1 Exhibit A)(Crittenden, John) |
Filing 28 DECLARATION of Yona Shtern filed by Defendants 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc. re #3 MOTION for Preliminary Injunction (Crittenden, John) |
Filing 27 RESPONSE, by Defendants 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc., to #3 MOTION for Preliminary Injunction . (Crittenden, John) |
NOTICE of Docket Text Modification re #36 Sealed Document,, : At the request of Counsel, correction made to docket entry regarding the name: Declaration of Kenneth Adessky. (VB) |
Filing 26 ORDER re #22 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney John Paul Oleksiuk for 7525419 Canada, Inc., Beyond The Rack Enterprises, and for Beyond The Rack USA Inc., by William M. McCool. (No document associated with this docket entry, text only.)(DS) |
Filing 25 ORDER re #21 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Brendan Hughes for 7525419 Canada, Inc., Beyond The Rack Enterprises, and Beyond The Rack USA Inc., by William M. McCool. (No document associated with this docket entry, text only.)(DS) |
Filing 24 ORDER re #20 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney John W Crittenden for 7525419 Canada, Inc., Beyond The Rack Enterprises, and for Beyond The Rack USA Inc., by William M. McCool. (No document associated with this docket entry, text only.)(DS) |
Filing 23 MINUTE ORDER by Thomas S. Zilly, United States District Judge. Pursuant to the stipulation of the parties, docket no. #18 , plaintiffs' motion for preliminary injunction, docket no. #3 , is RENOTED to October 5, 2012. Also pursuant to the stipulation of the parties, docket no. #18 , the deadline for defendants to file an answer or responsive motion is extended to October 5, 2012. (CL) |
Filing 22 APPLICATION OF ATTORNEY John P. Oleksiuk FOR LEAVE TO APPEAR PRO HAC VICE for Defendants 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc. (Fee Paid) Receipt No. 0981-2938172. (Durbin, Christopher) |
Filing 21 APPLICATION OF ATTORNEY Brendan J. Hughes FOR LEAVE TO APPEAR PRO HAC VICE for Defendants 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc. (Fee Paid) Receipt No. 0981-2938161. (Durbin, Christopher) |
Filing 20 APPLICATION OF ATTORNEY John W. Crittenden FOR LEAVE TO APPEAR PRO HAC VICE for Defendants 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc. (Fee Paid) Receipt No. 0981-2938140. (Durbin, Christopher) |
Filing 19 NOTICE of Appearance by attorney Christopher B. Durbin on behalf of Defendants 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc.. (Durbin, Christopher) |
Filing 18 STIPULATION AND PROPOSED ORDER Extending Deadlines by parties. (Attachments: #1 Proposed Order)(Connors, Tiffany) |
Filing 17 AFFIDAVIT of Service of Summons and Complaint on D. Perry, National Registered Agents Inc. of NV on 8/22/2012, filed by Plaintiffs NIHC, Inc., Nordstrom, Inc.. (Connors, Tiffany) |
Filing 16 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 10/23/2012, FRCP 26f Conference Deadline is 10/9/2012, Initial Disclosure Deadline is 10/23/2012, by Judge Thomas S. Zilly. (CH) |
Filing 15 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Plaintiff Nordstrom, Inc.. (Connors, Tiffany) |
Filing 14 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Nordstrom, Inc., Corporate Parent N2HC, INc. for NIHC, Inc.. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Plaintiffs NIHC, Inc., Nordstrom, Inc., N2HC, INc.. (Connors, Tiffany) |
Filing 13 Summons electronically issued as to defendant(s) 7525419 Canada, Inc., Beyond The Rack Enterprises, Beyond The Rack USA Inc. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons) (CL) |
Filing 12 PRAECIPE TO ISSUE SUMMONS by Plaintiffs NIHC, Inc., Nordstrom, Inc.. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(Connors, Tiffany) |
Filing 11 REPORT on the filing or determination of an action. E-mailed to the US Trademark Office. (Attachments: #1 Trademark form completed by counsel) (PM) |
Filing 10 NOTICE REGARDING LACK OF PROPER SIGNATURE. The #3 Motion for Preliminary Injunction, #1 Complaint, filed on 8/16/2012 was improperly signed by Tiffany S. Connors and Valyncia R. Simmons. Pursuant to FRCP Rule 11 and Local General Rule 2(h), signatures must comply with Section III(L) of the Electronic Filing Procedures, which states, "An electronically filed pleading or other document which requires an attorney's signature must have the signors' names printed or typed on the line and under all signature lines." Do not re-file this document;please be sure all future documents are properly signed. (PM) |
Filing 9 DECLARATION of Sarah Silbert filed by Plaintiffs NIHC, Inc., Nordstrom, Inc. re #3 MOTION for Preliminary Injunction (Attachments: #1 Exhibit A-H, #2 Exhibit I-J, #3 Exhibit K-M, #4 Exhibit N-Q, #5 Exhibit R-W)(Stoetzer, James) |
Filing 8 DECLARATION of Geevy S.K. Thomas filed by Plaintiffs NIHC, Inc., Nordstrom, Inc. re #3 MOTION for Preliminary Injunction (Attachments: #1 Exhibit A-E)There is a document error with the exhibits. Counsel will re-file the exhibits.(Stoetzer, James) Modified on 11/19/2012 (JJT). |
Filing 7 DECLARATION of William O. Ferron, Jr. filed by Plaintiffs NIHC, Inc., Nordstrom, Inc. re #3 MOTION for Preliminary Injunction (Stoetzer, James) |
Filing 6 DECLARATION of Bryan Galipeau filed by Plaintiffs NIHC, Inc., Nordstrom, Inc. re #3 MOTION for Preliminary Injunction (Stoetzer, James) |
Filing 5 DECLARATION of Jennifer Martin filed by Plaintiffs NIHC, Inc., Nordstrom, Inc. re #3 MOTION for Preliminary Injunction (Stoetzer, James) |
Filing 4 DECLARATION of David Langrock filed by Plaintiffs NIHC, Inc., Nordstrom, Inc. re #3 MOTION for Preliminary Injunction (Stoetzer, James) |
Filing 3 MOTION for Preliminary Injunction by Plaintiffs NIHC, Inc., Nordstrom, Inc.. (Attachments: #1 Proposed Order) Noting Date 9/7/2012, (Stoetzer, James) |
Filing 2 CIVIL COVER SHEET re #1 Complaint, ; filed by Plaintiffs NIHC, Inc., Nordstrom, Inc... (Stoetzer, James) |
Filing 1 COMPLAINT TRADEMARK INFRINGEMENT; TRADEMARK DILUTION; VIOLATION OF LANHAM; VIOLATION ANTICYBERSQUATTING CONSUMER PROTECTION ACT; VIOLATION WA CONSUMER PROTECTION ACT against defendant(s) All Defendants (Receipt # 0981-2915576), filed by Nordstrom, Inc., NIHC, Inc..(Stoetzer, James) |
NOTICE to Filer of Deficiency: NO AO 121 TRADEMARK REPORT FORM. Pursuant to our local rules, Civil Rule 3(a), all civil action complaints in which jurisdiction is invoked in whole or in part under 28 U.S.C. 1338 (regarding patents, trademarks and copyrights) shall be accompanied by the required notice to the Patent and Trademark Office (Form AO120) or the required notice to the Register of Copyrights (Form AO121) which can be found on our website www.wawd.uscourts.gov. Please complete the appropriate form and email it back to the new cases box at newcases.seattle@wawd.uscourts.gov. Please include in the subject line the name and number of the case and the name of the document attached. This form will then be posted to the case docket and a copy sent to the appropriate entity. (PM) |
NOTICE Pursuant to Fed.R.Civ.P 7.1 Plaintiff Nordstrom, Inc. and NIHC, Inc. must file a Corporate Disclosure Statement by 8/23/2012. (PM) |
Judge Thomas S. Zilly added. (PM) |
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