Global Protection Corp. et al v. Arthur et al

Plaintiff: Global Protection Corp. and Karex Berhad SDN BHD
Defendant: Eric J. Arthur and MSC of Fort Smith, Inc.
Case Number: 2:2018cv02164
Filed: September 21, 2018
Court: US District Court for the Western District of Arkansas
Presiding Judge: P K Holmes
Nature of Suit: Trademark
Cause of Action: 15:1114
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on October 31, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 31, 2018 Filing 33 INITIAL SCHEDULING ORDER: Rule 26 Meeting Report due by 12/7/2018. Jury Trial set for 9/9/2019 at 09:00 AM in Fort Smith -- 3rd floor (Rm 310) before Honorable P. K. Holmes III.Signed by Jane Ann Short, Courtroom Deputy for Honorable P. K. Holmes, III on October 31, 2018. (jas)
October 31, 2018 Filing 32 Defendants' ANSWER to #11 Amended Complaint, by Eric J. Arthur, MSC of Fort Smith, Inc..(Calhoun, Joseph)
October 24, 2018 Filing 31 NOTICE of Appearance by Gary W. Smith on behalf of Global Protection Corp., Karex Berhad SDN BHD. (Smith, Gary)
October 23, 2018 Filing 30 TEXT ONLY ORDER granting #29 Motion to Appear Pro Hac Vice. Gary W. Smith is directed to immediately register for Pro Hac Vice filer access through PACER if he has not already done so and to enter his appearance in this matter. Further, the requirement to designate local counsel pursuant to Local Rule 83.5(d) is waived until December 26, 2018. Should this matter then remain pending, local counsel must be retained and must enter an appearance by that date. Signed by Honorable P. K. Holmes, III on October 23, 2018. (rab)
October 23, 2018 Filing 29 MOTION for Attorney Gary W. Smith to Appear Pro Hac Vice . (PHV Application fee paid $ 100; receipt number AARWDC-1805438) by Global Protection Corp., Karex Berhad SDN BHD. (Smith, Gary)
October 18, 2018 Opinion or Order Filing 28 ORDER granting #27 Motion for Extension of Time to Answer; Eric J. Arthur and MSC of Fort Smith, Inc. answers due 10/31/2018. IT IS FURTHER ORDERED that Plaintiffs show cause why this matter should not be dismissed for failure to prosecute by either retaining admitted counsel to enter an appearance or having their present attorney move for admission pro hac vice by 10/26/18. Signed by Honorable P. K. Holmes, III on October 18, 2018. (hnc) Modified text on 10/18/2018 (jas).
October 17, 2018 Filing 27 Unopposed MOTION for Extension of Time to File Answer by Eric J. Arthur. (Calhoun, Joseph)
October 17, 2018 Filing 26 NOTICE of Appearance by Joseph Davidson Calhoun, III on behalf of All Defendants. (Calhoun, Joseph)
October 3, 2018 Set/Reset Deadlines: Eric J. Arthur answer due 10/17/2018; MSC of Fort Smith, Inc. answer due 10/17/2018. (jas)
October 3, 2018 Filing 25 TEXT ONLY ORDER extending deadline to respond to #11 Amended Complaint. This matter was transferred to this district on September 20, 2018. Because Rule 12(a)(4)'s 14-day deadline does not provide sufficient time in this instance for local counsel to enter an appearance and answer the amended complaint, good cause exists to extend the deadline for Defendants to answer to October 17, 2018. Signed by Honorable P. K. Holmes, III on October 3, 2018. (rab)
September 21, 2018 Filing 24 UPDATED INITIAL REPORT ON THE FILING OF A PATENT ACTION. This case was transferred to the Western District of Arkansas from the District of Massachusetts, 1:18cv10966. (lw)
September 21, 2018 Filing 23 Magistrate Notice/Consent Furnished to parties. (lw)
September 21, 2018 TEXT ONLY CLERK'S NOTICE: The following attorneys are not registered for CM/ECF noticing and filing in the Western District of Arkansas:Gary W. Smith and Peter A. Grupp. An attorney can register for a CM/ECF login and password if they are admitted to practice in the U.S. District Courts for the Eastern and Western Districts of Arkansas or are admitted pro hac vice for this case. Any non-registered attorney should submit the proper attorney admission petition or file an appropriate motion. Please refer to our website http://www.arwd.uscourts.gov/attorney-information for further information. (lw)
September 21, 2018 Filing 22 Case transferred in from District of Massachusetts; Case Number 1:18-cv-10966. Docket sheet received.
September 20, 2018 Filing 21 Case transferred to the District Court for the Western District of Arkansas. Case File Electronically Transferred to the Clerk in that District on September 20, 2018. (Pacho, Arnold) [Transferred from mad on 9/21/2018.]
September 20, 2018 Filing 20 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #13 Motion to Dismiss for Lack of Jurisdiction. Plaintiffs Global Protection Corp. and Karex Berhad SDN BHD allege that defendants Eric Arthur, Marketing Sales Concepts, Inc, and MSC of Fort Smith, Inc. infringe plaintiffs' "ONE" mark and design patent no. 722,275 for condom packaging. Defendants, citing the facts that they reside in Arkansas, have no offices, employees, or business in Massachusetts, and have never marketed or sold the allegedly infringing condom in Massachusetts, move to dismiss for lack of personal jurisdiction. Defendants also contend that under TC Heartland, LLC v. Kraft Foods Group Brands LLC, 137 S.Ct. 1514 (2017), venue for the patent infringement claim does not lie in this district. Plaintiffs contend that defendants' websites and social media presence, which are accessible in Massachusetts and depict the allegedly infringing condom, are sufficient such that the court may exercise specific personal jurisdiction over the defendants, and further, that this court may preside over the patent infringement claim under the "pendant venue" doctrine. See Hsin Ten Enter. USA, Inc. v. Clar Enters., 138 F. Supp. 2d 449, 462 (S.D.N.Y. 2000). The court agrees with defendants that, in light of the reiteration in TC Heartland that " 1400(b) is the sole and exclusive provision controlling venue in patent infringement actions, and... is not to be supplemented by... 1391(c)", id .at 1519 (internal quotation marks and citation omitted), the "pendent venue" doctrine is inapplicable to patent infringement claims. See, e.g., Jenny Yoo Collection, Inc. v. Watters Design Inc., 2017 WL 4997838, at *7 (S.D.N.Y Oct. 20, 2017). Because the trademark and patent infringement claims concern the same product, a transfer will resolve any uncertainty in court's exercise of personal jurisdiction, and defendants have not otherwise challenged the sufficiency of the pleading, in the interest of justice and efficiency the court will adopt plaintiffs' suggestion and transfer the case to the District Court for the Western District of Arkansas. SO ORDERED. (Tang, Danni) Modified on 9/20/2018 to correct citation (Tang, Danni). [Transferred from mad on 9/21/2018.]
September 18, 2018 Filing 19 DECLARATION re #17 Opposition to Motion to Dismiss for Lack of Personal Jurisdiction by Global Protection Corp., Karex Berhad SDN BHD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Smith, Gary) [Transferred from mad on 9/21/2018.]
September 18, 2018 Filing 18 DECLARATION re #17 Opposition to Motion to Dismiss for Lack of Personal Jurisdiction by Global Protection Corp., Karex Berhad SDN BHD. (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)(Smith, Gary) [Transferred from mad on 9/21/2018.]
September 18, 2018 Filing 17 Opposition re #13 MOTION to Dismiss for Lack of Jurisdiction w Cert of Service filed by Global Protection Corp., Karex Berhad SDN BHD. (Attachments: #1 Exhibit A)(Smith, Gary) [Transferred from mad on 9/21/2018.]
September 17, 2018 Filing 16 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #15 Motion for Extension of Time until 9/18/2018 to respond to motion to dismiss. (Tang, Danni) [Transferred from mad on 9/21/2018.]
September 14, 2018 Filing 15 Assented to MOTION for Extension of Time to 09/18/2018 to Respond to Motion to Dismiss From 9/14/2018 Through and Including 9/18/2018 with Certificate of Service by Global Protection Corp., Karex Berhad SDN BHD.(Smith, Gary) [Transferred from mad on 9/21/2018.]
August 31, 2018 Filing 14 MEMORANDUM in Support re #13 MOTION to Dismiss for Lack of Jurisdiction filed by Eric J. Arthur, MSC of Fort Smith, Inc.. (Attachments: #1 Exhibit A)(Grupp, Peter) [Transferred from mad on 9/21/2018.]
August 31, 2018 Filing 13 MOTION to Dismiss for Lack of Jurisdiction by Eric J. Arthur, MSC of Fort Smith, Inc.. (Attachments: #1 Affidavit In Support of Motion to Dismiss)(Grupp, Peter) (Attachment 1 replaced on 9/6/2018. Initial filing had black line going through pdf document.) (Pacho, Arnold) [Transferred from mad on 9/21/2018.]
August 30, 2018 Filing 12 CORPORATE DISCLOSURE STATEMENT by Global Protection Corp., Karex Berhad SDN BHD identifying Corporate Parent Karex Berhad SDN BHD for Karex Berhad SDN BHD.. (Smith, Gary) [Transferred from mad on 9/21/2018.]
August 30, 2018 Filing 11 AMENDED COMPLAINT and Jury Demand against MSC of Fort Smith, Inc., Eric J. Arthur, filed by Global Protection Corp., Karex Berhad SDN BHD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Smith, Gary) [Transferred from mad on 9/21/2018.]
July 31, 2018 Filing 10 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #9 Motion for Extension of Time until 8/31/2018 to respond to the Complaint. (Tang, Danni) [Transferred from mad on 9/21/2018.]
July 30, 2018 Filing 9 First MOTION for Extension of Time to August 31, 2018 to Answer or otherwise respond to Complaint by Eric J. Arthur, MSC of Fort Smith, Inc..(Grupp, Peter) [Transferred from mad on 9/21/2018.]
July 30, 2018 Filing 8 CORPORATE DISCLOSURE STATEMENT by Eric J. Arthur, MSC of Fort Smith, Inc.. (Grupp, Peter) [Transferred from mad on 9/21/2018.]
July 30, 2018 Filing 7 NOTICE of Appearance by Peter A. Grupp on behalf of Eric J. Arthur, MSC of Fort Smith, Inc. (Grupp, Peter) [Transferred from mad on 9/21/2018.]
July 23, 2018 Filing 6 AFFIDAVIT OF SERVICE Executed by Global Protection Corp., Karex Berhad SDN BHD. MSC of Fort Smith, Inc. served on 7/10/2018, answer due 7/31/2018. Acknowledgement filed by Global Protection Corp.; Karex Berhad SDN BHD. (Smith, Gary) [Transferred from mad on 9/21/2018.]
July 23, 2018 Filing 5 AFFIDAVIT OF SERVICE Executed by Global Protection Corp., Karex Berhad SDN BHD. Eric J. Arthur served on 7/11/2018, answer due 8/1/2018. Acknowledgement filed by Global Protection Corp.; Karex Berhad SDN BHD. (Smith, Gary) [Transferred from mad on 9/21/2018.]
May 21, 2018 Filing 4 REPORT ON THE FILING/TERMINATION OF AN ACTION REGARDING PATENT OR TRADEMARK. (Smith, Gary) [Transferred from mad on 9/21/2018.]
May 15, 2018 Filing 3 Summons Issued as to Eric J. Arthur, MSC of Fort Smith, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Manolakis, Ashley) [Transferred from mad on 9/21/2018.]
May 15, 2018 Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (McDonagh, Christina) [Transferred from mad on 9/21/2018.]
May 14, 2018 Filing 1 COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7138847 (Fee Status: Filing Fee paid), filed by Global Protection Corp., Karex Berhad SDN BHD. (Attachments: #1 Civil Cover Sheet Cover Sheet, #2 Civil Cover Sheet Category Sheet, #3 Exhibit A, #4 Exhibit B)(Smith, Gary) [Transferred from mad on 9/21/2018.]

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Plaintiff: Global Protection Corp.
Represented By: Gary W. Smith
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Plaintiff: Karex Berhad SDN BHD
Represented By: Gary W. Smith
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Defendant: Eric J. Arthur
Represented By: Peter A. Grupp
Represented By: Joseph Davidson Calhoun, III
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Defendant: MSC of Fort Smith, Inc.
Represented By: Peter A. Grupp
Represented By: Joseph Davidson Calhoun, III
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