Dansons US LLC v. ASmoke USA LLC
| Dansons US LLC |
| ASmoke USA LLC |
| 2:2020cv01853 |
| September 22, 2020 |
| US District Court for the District of Arizona |
| Michael T Liburdi |
| Property Rights: Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 22, 2022. A more recent docket listing may be available from PACER.
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Filing 35
TRANSCRIPT REQUEST by Rob Ramphul of Labaton Sucharow NY,NY for proceedings held on 12/01/2020, Judge Michael T Liburdi hearing judge(s). (RAP)
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Filing 34
CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed December 11, 2020, judgment of dismissal is entered. Plaintiff to take nothing, and the complaint and action are hereby terminated. (EJA)
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Filing 33
ORDER granting ASmoke's Motion to Dismiss for Lack of Personal Jurisdiction (Part of Doc. #13 ). FURTHER ORDERED denying as moot Dansons' Renewed Motion for Preliminary Injunction (Doc. #26 ). FINALLY ORDERED directing the Clerk of the Court to enter judgment accordingly and close this case. Signed by Judge Michael T Liburdi on 12/11/20. (EJA)
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Filing 32
NOTICE of Filing - Copyright, Trademark or Patent Information filed by Dansons US LLC. (Beabeau, Olivier)
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Filing 31
SUPPLEMENT Joint Supplemental Brief on Personal Jurisdiction re: #13 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a ClaimMOTION to Dismiss for Failure to State a Claim by Plaintiff Dansons US LLC. (Attachments: #1 Exhibit A - ASmoke Trademark Registrations, #2 Affidavit of Michael Ying, #3 Exhibit A to Ying Decl, #4 Exhibit B to Ying Decl, #5 Exhibit C to Ying Decl)(Muffo, Patrick)
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Filing 30
MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Telephonic Status Conference held on 12/7/2020. IT IS ORDERED that by no later than 5:00 PM on Thursday, 12/10/2020, the parties shall file a joint supplemental brief of no more than sixteen (16) pages focusing exclusively on the First Amended Verified Complaint's (Doc. #28 ) new personal jurisdictional allegations. IT IS FURTHER ORDERED that Defendant shall file a response to the Renewed Motion for Preliminary Injunction, (Doc. #26 ), by no later than Friday, 12/11/2020. Plaintiff may file a reply in support of its renewed motion, and a response to any motion to strike by Wednesday, 12/16/2020. Defendant may file a reply in support of its motion to strike by Friday, 12/18/2020. See the attached pdf for complete details. (Court Reporter Candy Potter) Hearing held 2:02 PM to 2:21 PM.(RMW) Modified on 12/11/2020 to correct bolding of docket text (RMW).
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Filing 29
MINUTE ORDER: Supplemental Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. An answer, amended complaint, or other pleading #28 has been filed that may include additional trademarks, patents, or copyrights allegedly violated that were not previously included. Attached to this docket entry are the required form(s) that may need to be completed by the party who filed the above document.If your recently filed pleading adds or changes information related to the original patents, trademarks, or copyright allegations, please complete the form that is applicable to this particular case. In some cases, you may need to complete both forms. Within seven (7) days, you must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form.If there are no changes to the copyright, trademark, or patent information previously submitted for this case, then the party who filed the above document must file a Notice, within seven (7) days, indicating such using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header (REK)
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Filing 28
AMENDED COMPLAINT First Amended Complaint against ASmoke USA LLC filed by Dansons US LLC. (Attachments: #1 Exhibit A - Thiessen Declaration, #2 Exhibit B - Registration Certificate, #3 Exhibit C - Muffo Declaration)(Muffo, Patrick)
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Filing 27
ORDER (text only): IT IS ORDERED that the parties shall also be prepared to discuss Plaintiff's Renewed Motion for Preliminary Injunction (Doc. #26 ) at the Telephonic Status Conference set for Monday, 12/7/2020 at 2:00 PM. Ordered by Judge Michael T. Liburdi on 12/4/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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Filing 26
MOTION for Preliminary Injunction Renewed Motion for Preliminary Injunction by Dansons US LLC. (Attachments: #1 Exhibit A - Past Infringement Examples, #2 Exhibit B - Correspondence Between Counsel, #3 Exhibit C - BIGGER, HOTTER, HEAVIER registration, #4 Exhibit D - TSDR Page for BIGGER, HOTTER, HEAVIER, #5 Exhibit E - Muffo Declaration, #6 Exhibit F - Black Friday Sale Advertisement, #7 Exhibit G - Negative Goodwill Examples, #8 Affidavit of Jeff Thiessen)(Muffo, Patrick)
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Filing 25
ORDER (text only): IT IS ORDERED setting a Telephonic Status Conference to discuss Defendant's pending Rule 12(b)(2) motion, (part of Doc. #13 ), for Monday, 12/7/2020 at 02:00 PM. Counsel will receive call in instructions via email to participate in the hearing. Ordered by Judge Michael T. Liburdi on 12/4/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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Filing 24
SUPPLEMENT Brief on Supplemental Authority re: #13 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a ClaimMOTION to Dismiss for Failure to State a Claim by Plaintiff Dansons US LLC. (Muffo, Patrick)
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Filing 23
MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Motion Hearing held on 12/1/2020. IT IS ORDERED granting Defendant's Motion to Dismiss, (Doc. #13 ), as to the 12(b)(6) issue, and granting Plaintiff leave to amend the Complaint. Plaintiff shall file their first amended complaint by Friday, 12/11/2020. IT IS FURTHER ORDERED taking the issue of personal jurisdiction, 12(b)(2), under advisement. IT IS FURTHER ORDERED denying the Motion for Preliminary Injunction, (Doc. #2 ), based on the avowals made to the Court by counsel and lack of irreparable harm. See the attached pdf for complete details. (Court Reporter Barbara Stockford) Hearing held 10:10 AM to 11:45 AM.(RMW)
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Filing 22
STATUS REPORT by Dansons US LLC. (Muffo, Patrick)
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| Filing 21 MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Status Conference held on 11/17/2020. IT IS ORDERED setting oral argument on the Motion to Dismiss, (Doc. #13 ), for Tuesday, 12/1/2020, at 10:00 AM, in Courtroom 504. IT IS FURTHER ORDERED that the Motion Hearing on the Motion for Preliminary Injunction, (Doc. #2 ), presently set for Friday, 11/20/2020, is continued to Tuesday, 12/1/2020 at 10:00 AM, in Courtroom 504. Argument on the Motion to Dismiss will be held first. IT IS FURTHER ORDERED that the parties meet and confer to discuss the admissibility of exhibits and to engage in another good faith settlement discussion prior to 11/25/2020. Joint status report due Wednesday, 11/25/2020. (Court Reporter Barbara Stockford) See the attached pdf for complete details. Hearing held 2:35 PM to 3:03 PM. (RMW) |
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Filing 20
ORDER: IT IS ORDERED setting a Status Conference for Tuesday, 11/17/2020 at 02:30 PM. Counsel may appear telephonically. Call-in instructions to participate by phone will be provided via email. Ordered by Judge Michael T. Liburdi on 11/16/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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| Filing 19 REPLY to Response to Motion re: #13 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a ClaimMOTION to Dismiss for Failure to State a Claim filed by ASmoke USA LLC. (Hopenfeld, James) |
| Filing 18 Corporate Disclosure Statement by ASmoke USA LLC. (Collins, Gregory) |
| Filing 17 MINUTE ORDER: Due to a conflict on the Court's calendar, after consultation with the parties, the Motion Hearing presently set for 11/13/2020 is RESET for Friday, 11/20/2020 at 10:00 AM, in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) |
| Filing 16 RESPONSE to Motion re: #13 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim MOTION to Dismiss for Failure to State a Claim filed by Dansons US LLC. (Attachments: #1 Exhibit A - Infringement Examples, #2 Exhibit B - Hopenfeld Correspondence, #3 Exhibit C - Product Packaging, #4 Exhibit D - Thiessen Declaration, #5 Exhibit E - DE SOS and Realtor.com Screenshots, #6 Exhibit F - BIGGER, HOTTER, HEAVIER registration, #7 Exhibit G - Muffo Declaration)(Muffo, Patrick) |
| Filing 15 REPLY to Response to Motion re: #2 MOTION for Preliminary Injunction filed by Dansons US LLC. (Attachments: #1 Exhibit A - Infringement Examples, #2 Exhibit B - Hopenfeld Correspondence, #3 Exhibit C - BIGGER, HOTTER, HEAVIER registration, #4 Exhibit D - TSDR Page for BIGGER, HOTTER, HEAVIER)(Muffo, Patrick) |
| Remark: Pro hac vice motion(s) granted for James Eric Hopenfeld on behalf of Defendant ASmoke USA LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 14 RESPONSE in Opposition re: #2 MOTION for Preliminary Injunction filed by ASmoke USA LLC. (Attachments: #1 Declaration of Michael Ying, #2 Declaration of James Hopenfeld)(Hopenfeld, James) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by ASmoke USA LLC. (Attachments: #1 Declaration of Michael Ying)(Hopenfeld, James). |
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Filing 12
ORDER (text only): Before the Court is Defendant's Motion for Extension of Time to File Response/Reply (Doc. #10 ). The Court has reviewed the Motion and Plaintiff's Response (Doc. #11 ). Accordingly, IT IS ORDERED granting Defendant's Motion as modified by the Court. The deadline for the Response to Plaintiff's Preliminary Injunction (Doc. #2 ), Answer to the Verified Complaint (Doc. #1 ), and briefing for Defendant's personal jurisdiction challenge is now Monday, 10/26/2020. IT IS FURTHER ORDERED setting in-person oral argument on Plaintiff's Motion for Preliminary Injunction (Doc. #2 ), for Friday, 11/13/2020 at 10:00 AM, in Courtroom 504. Signed by Judge Michael T. Liburdi on 10/19/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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| Filing 11 RESPONSE in Opposition re: #10 MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Preliminary Injunction, #1 Complaint filed by Dansons US LLC. (Attachments: #1 Exhibit A - Attorney Correspondence)(Muffo, Patrick) |
| Filing 10 MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Preliminary Injunction, #1 Complaint by ASmoke USA LLC. (Attachments: #1 Text of Proposed Order)(Collins, Gregory) |
| Remark: Pro hac vice motion(s) granted for Patrick T Muffo on behalf of Plaintiff Dansons US LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 9 SERVICE EXECUTED filed by Dansons US LLC: Affidavit of Service re: Complaint; Motion for Preliminary Injunction; Declaration of Jeff Thiessen; Corporate Disclosure Statement; Summons upon ASmoke USA LLC on 09/24/20. (Beabeau, Olivier) |
| Remark: Pro hac vice motion(s) granted for Patrick T Muffo on behalf of Plaintiff Dansons US LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| AMENDED Remark: Pro hac vice motion(s) granted for Lauren Martha Gregory on behalf of Plaintiff Dansons US LLC. Prior remark re attorney Patrick T Muffo incorrectly docketed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 8 NOTICE of Filing - Copyright, Trademark or Patent Information filed by Dansons US LLC. (Beabeau, Olivier) |
| Filing 7 Summons Issued as to ASmoke USA LLC. (SCA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 6 MINUTE ORDER: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Plaintiff shall complete the form that is applicable to this particular case. In some cases, you may need to complete both forms.Within seven (7) days, Plaintiff must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading (Attachments: #1 AO 121)(SCA) |
| Filing 5 Filing fee paid, receipt number 0970-18689842. This case has been assigned to the Honorable Michael T. Liburdi. All future pleadings or documents should bear the correct case number: CV-20-01853-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SCA) |
| Filing 4 SUMMONS Submitted by Dansons US LLC. (Beabeau, Olivier) (SCA) |
| Filing 3 Corporate Disclosure Statement by Dansons US LLC. (Beabeau, Olivier) (SCA) |
| Filing 2 MOTION for Preliminary Injunction by Dansons US LLC. (Beabeau, Olivier) (Attachments: #1 Declaration of Jeff Thiessen in Support of Plaintiff's Motion for Prelimin)(SCA) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-18689842 filed by Dansons US LLC. (Beabeau, Olivier) (Attachments: #1 Civil Cover Sheet)(SCA) |
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