Nike Inc. v. Warren Lotas et al
| Nike Inc. |
| Warren Lotas and Warren Lotas, LLC |
| 2:2020cv09431 |
| October 14, 2020 |
| US District Court for the Central District of California |
| Pedro V Castillo |
| Mark C Scarsi |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 66 Text Only Entry (In Chambers) by Judge Mark C. Scarsi. The Court exonerates the bond previously set in this case. The Court will return the bond documents to Cassandra Havens, counsel for Nike, Inc. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
| Filing 65 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 Judgment) (lom) |
| Filing 64 CONSENT JUDGMENT AND PERMANENT INJUNCTION #63 by Judge Mark C. Scarsi. The Court, being advised that the parties stipulate and agree to the entry of a final and enforceable judgment on the terms set forth herein, enters this Order as a final and enforceable judgment in this matter. See consent judgment for details. (MD JS-6. Case Terminated) (lom) |
| Filing 63 STIPULATION for Judgment as to Defendants Warren Lotas and Warren Lotas, LLC filed by Plaintiff Nike Inc.. (Attachments: #1 Proposed Order)(Trotter, Rhonda) |
Filing 62
ORDER REGARDING STIPULATION TO EXTEND BRIEFING SCHEDULE by Judge Mark C. Scarsi. Plaintiff NIKE, Inc. ("NIKE") and Defendants Warren Lotas and Warren Lotas, LLC's ("WL") Stipulation to Extend Briefing Schedule for Defendants Ex Parte Application (ECF No. #54 ) is GRANTED. The deadline for NIKE to file its opposition to WL's Ex Parte Application for Clarification or Reconsideration and/or to Modify the Court's November 18, 2020 Order Granting in Part and Denying in Part the Motion for Preliminary Injunction shall be extended from December 8, 2020 up to and including December 15, 2020. WL's deadline to a file a reply shall be three (3) days from the date of filing of the opposition. (smo)
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| Filing 61 STIPULATION for Extension of Time to File Response as to EX PARTE APPLICATION for Order for Clarification Or Reconsideration and/or to Modify the Courts November 18, 2020 Order Granting In Part and Denying In Part The Motion For Preliminary Injunction [Dkt. 49] #54 filed by Plaintiff Nike Inc.. (Attachments: #1 Proposed Order)(Trotter, Rhonda) |
| Filing 60 EXHIBIT A and B to EX PARTE APPLICATION for Order for Clarification Or Reconsideration and/or to Modify the Courts November 18, 2020 Order Granting In Part and Denying In Part The Motion For Preliminary Injunction [Dkt. 49] #54 filed by Defendants Warren Lotas, Warren Lotas, LLC. (Pagnanelli, Karin) |
| Filing 59 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Exhibit A, Exhibit B #55 , #56 by Judge Mark C. Scarsi. The document is stricken and counsel is ordered to file an amended or corrected document by December 7, 2020. (lc) Modified on 12/3/2020 (lc). |
| Filing 58 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibit to Motion, #56 , Exhibit to Motion, #55 . The following error(s) was/were found: Title page is missing. Other error(s) with document(s): Face page is blank with only named Exhibit. MISSING LR-11-3.8 required filer, attorney, court and case and document information. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
| Filing 57 Text Only Entry (In Chambers) by Judge Mark C. Scarsi. Plaintiff Nike, Inc. has seven (7) days from the filing of Defendants Warren Lotas, LLC and Warren Lotas' Ex Parte Application (ECF No. #54 ) to file an opposition. Defendants Warren Lotas, LLC and Warren Lotas will have three (3) days from the date Plaintiff Nike, Inc. files an opposition to file a reply. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
| Filing 56 (STRICKEN PER 12/3/20 COURT G112B RESPONSE DOCKET NO. 59). EXHIBIT B to EX PARTE APPLICATION for Order for Clarification Or Reconsideration and/or to Modify the Courts November 18, 2020 Order Granting In Part and Denying In Part The Motion For Preliminary Injunction [Dkt. 49] #54 filed by Defendants Warren Lotas, Warren Lotas, LLC. (Pagnanelli, Karin) Modified on 12/3/2020 (lc). |
| Filing 55 (STRICKEN PER 12/3/20 COURT G112B RESPONSE DOCKET NO. 59). EXHIBIT A to EX PARTE APPLICATION for Order for Clarification Or Reconsideration and/or to Modify the Courts November 18, 2020 Order Granting In Part and Denying In Part The Motion For Preliminary Injunction [Dkt. 49] #54 filed by Defendants Warren Lotas, Warren Lotas, LLC. (Pagnanelli, Karin) Modified on 12/3/2020 (lc). |
| Filing 54 EX PARTE APPLICATION for Order for Clarification Or Reconsideration and/or to Modify the Courts November 18, 2020 Order Granting In Part and Denying In Part The Motion For Preliminary Injunction [Dkt. 49] filed by Defendants Warren Lotas, Warren Lotas, LLC. (Attachments: #1 Declaration of Geoffrey A. Lottenberg, #2 Declaration of Warren Lotas, #3 Proposed Order) (Pagnanelli, Karin) |
| Filing 53 TRANSCRIPT ORDER as to Plaintiff Nike Inc. for Court Smart (CS). Court will contact Kimberly J. Hedgren at kim.hedgren@arnoldporter.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Renk, Christopher) |
| Filing 52 REFUND OF $500.00 made payable on 11/24/2020 to Timothy Haugh for payment made on 10/19/2020 Re: APPLICATION for Refund of Fees Paid #23 . (rdj) |
| Filing 51 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/16/2020 9:10 A.M. re Transcript #50 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY |
| Filing 50 TRANSCRIPT for proceedings held on 11-16-2020 9:10 A.M.. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/10/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/17/2021. (jlo) |
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Filing 49
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF NIKE INC.S MOTION FOR A PRELIMINARY INJUNCTION #19 by Judge Mark C. Scarsi: During the pendency of this action, Warren Lotas and its officers, agents, ETC. are enjoined RE the Warren Lotas X Staple Pigeon OG, Warren Lotas Freddy Broccolini Chanclas, and/or any colorable imitations of those sneakers. Warren Lotas must file with the Court within thirty days after entry of this Order a report in writing under oath setting forth in detail thThis Preliminary Injunction is effective on Plaintiffs providing security in the amount of $10,000.00 under Federal Rule of Civil Procedure 65(c). (lc)
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| Filing 48 ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim #39 with JURY DEMAND filed by Plaintiff Nike Inc..(Trotter, Rhonda) |
| Filing 47 TRANSCRIPT ORDER as to Defendants Warren Lotas, Warren Lotas, LLC for Court Smart (CS). Court will contact Suguey Melara at szm@msk.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Pagnanelli, Karin) |
| Filing 46 MINUTES OF PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION RE TRADEMARK #19 held before Judge Mark C. Scarsi: The motion hearing is held telephonically. Counsel, the Court, and court staff all appear in that manner. Recording or re-broadcasting of the proceedings is strictly prohibited. re Trademark #19 UNDER SUBMISSION and a ruling will be issued. Court Recorder: Court Smart. (lc) |
| Filing 45 NOTICE OF LODGING filed Proposed Order re Objection/Opposition (Motion related), #38 (Attachments: #1 Proposed Order)(Pagnanelli, Karin) |
| Filing 44 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Notice of Lodging #42 by Judge Mark C. Scarsi. The document is stricken and counsel is ordered to file an amended or corrected document by 11/16/20. (lc) |
| Filing 43 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Lodging #42 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. The proposed order was not submitted as a Separate Attachment, but efiled as 1 pdf document. L.R. 58-10 at least 2 lines of text must accompany the Signature Line for Signature of Judge on a last page of proposed order. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
| Filing 42 NOTICE OF LODGING filed [PROPOSED] ORDER re Objection/Opposition (Motion related), #38 (Pagnanelli, Karin) |
| Filing 41 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Mark C. Scarsi. The Court, on its own motion, sets a telephonic hearing for the Motion for Preliminary Injunction re Trademark Infringement #19 for November 16, 2020, at 9:00 a.m. before Judge Mark C. Scarsi. The time of the motion hearing is advanced from 10:00 a.m. to 9:00 a.m. Call-in instructions will be emailed to everyone listed on the docket prior to the hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
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Filing 40
ORDER SETTING SCHEDULING CONFERENCE by Judge Mark C. Scarsi. Scheduling Conference set for 2/1/2021 at 10:00 AM before Judge Mark C. Scarsi. (smo)
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| Filing 39 ANSWER to Amended Complaint/Petition, #7 with JURY DEMAND , COUNTERCLAIM against Nike Inc. filed by Defendants and Counterclaimant Warren Lotas, LLC, Warren Lotas.(Pagnanelli, Karin) |
| Filing 38 Objection to Declaration of Neda Dadpey [Dkt 37] in Support of Reply ISO re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark Infringement #19 filed by Defendants Warren Lotas, Warren Lotas, LLC. (Pagnanelli, Karin) |
| Filing 37 REPLY in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark Infringement #19 filed by Plaintiff Nike Inc.. (Attachments: #1 Declaration of Neda Dadpey in Support of Nike, Inc.'s Reply in Support of Motion for Preliminary Injunction)(Trotter, Rhonda) |
| Filing 36 DEFENDANTS CORPORATE DISCLOSURE STATEMENT NOTICE AND CERTIFICATE of Interested Parties filed by Defendants Warren Lotas, Warren Lotas, LLC, identifying Defendants Warren Lotas and Warren Lotas, LLC disclose that Warren Lotas, LLC is a private company and that no publicly held corporation owns 10% or more of the equity of Warren Lotas, LLC. Warren Lotas and Warren Lotas, LLC have a pecuniary interest in the outcome of this case. (Pagnanelli, Karin) |
| Filing 35 OPPOSITION to NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark Infringement #19 filed by Defendants Warren Lotas, Warren Lotas, LLC. (Attachments: #1 Declaration of W. Lotas with Exhibits ISO)(Pagnanelli, Karin) |
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Filing 34
ORDER GRANTING APPLICATION of Non-Resident Attorney Geoffrey A. Lottenberg to Appear Pro Hac Vice on behalf of Defendants Warren Lotas, Warren Lotas, LLC and designating Karin G. Pagnanelli as local counsel #32 by Judge Mark C. Scarsi (lc)
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Filing 33
MINUTES (IN CHAMBERS) Order Denying Defendants' Ex Parte Application by Judge Mark C. Scarsi. Warren Lotas fails to show how they are "without fault in creating the crisis." Warren Lotas's application #26 is DENIED. (smo)
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| Filing 32 APPLICATION of Non-Resident Attorney Geoffrey A. Lottenberg to Appear Pro Hac Vice on behalf of Defendants Warren Lotas, Warren Lotas, LLC (Pro Hac Vice Fee - $500.00 Previously Paid on 10/28/2020, Receipt No. 28753867) filed by Defendants Warren Lotas, Warren Lotas, LLC. (Attachments: #1 Proposed Order) (Pagnanelli, Karin) |
| Filing 31 OPPOSITION to re: EX PARTE APPLICATION for Order for Modifying Briefing Schedule For Plaintiffs Motion For Preliminary Injunction [Dkt 19] #26 filed by Plaintiff Nike Inc.. (Trotter, Rhonda) |
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Filing 30
ORDER GRANTING APPLICATION of Non-Resident Attorney Christopher J. Renk and designating Rhonda R. Trotter as local counsel #22 by Judge Mark C. Scarsi (lc)
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Filing 29
ORDER GRANTING APPLICATION of Non-Resident Attorney Neda Dadpey to Appear Pro Hac Vice on behalf of Plaintiff Nike Inc and designating Rhonda R. Trotter as local counsel #21 by Judge Mark C. Scarsi (lc)
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Filing 28
ORDER GRANTING APPLICATION of Non-Resident Attorney Michael J. Harris to Appear Pro Hac Vice on behalf of Plaintiff Nike Inc. and designating Rhonda R. Trotter as local counsel #20 by Judge Mark C. Scarsi (lc)
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Filing 27
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI by Judge Mark C. Scarsi. This case has been assigned to the calendar of Judge Mark C. Scarsi. Both the Court and counsel bear responsibility for the progress of this litigation in federal court. To "secure the just, speedy, and inexpensive determination" of this case, all parties or their counsel are ordered to become familiar with the Federal Rules of Civil Procedure, the Local Rules of the Central District of California, and this Courts Standing Orders. (smo)
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| Filing 26 EX PARTE APPLICATION for Order for Modifying Briefing Schedule For Plaintiffs Motion For Preliminary Injunction [Dkt 19] filed by Defendants Warren Lotas, Warren Lotas, LLC. (Attachments: #1 Declaration of G. Lottenberg, #2 Proposed Order) (Attorney Karin G Pagnanelli added to party Warren Lotas(pty:dft), Attorney Karin G Pagnanelli added to party Warren Lotas, LLC(pty:dft)) (Pagnanelli, Karin) |
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Filing 25
ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 19-03 by Judge Christina A. Snyder. Case transferred from Judge Christina A. Snyder to the calendar of Judge Mark C. Scarsi for all further proceedings. Case number now reads as 2:20-cv-09431 MCS(PVCx). (rn)
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Filing 24
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dean D. Pregerson. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Dean D. Pregerson to Judge Christina A. Snyder for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-09431 CAS(PVCx). (rn)
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| Filing 23 APPLICATION for Refund of Fees Paid filed by Plaintiff Nike Inc.. (Trotter, Rhonda) |
| Filing 22 APPLICATION of Non-Resident Attorney Christopher J. Renk to Appear Pro Hac Vice on behalf of Plaintiff Nike Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28617758) filed by plaintiff Nike Inc.. (Attachments: #1 Proposed Order) (Trotter, Rhonda) |
| Filing 21 APPLICATION of Non-Resident Attorney Neda Dadpey to Appear Pro Hac Vice on behalf of Plaintiff Nike Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. BCACDC-28604585) filed by Nike, Inc. Nike Inc.. (Attachments: #1 Proposed Order) (Trotter, Rhonda) |
| Filing 20 APPLICATION of Non-Resident Attorney Michael J. Harris to Appear Pro Hac Vice on behalf of Plaintiff Nike Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28604512) filed by Nike, Inc. Nike Inc.. (Attachments: #1 Proposed Order) (Trotter, Rhonda) |
| Filing 19 NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark Infringement filed by Plaintiff Nike Inc.. Motion set for hearing on 11/16/2020 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction, #2 Declaration of Joe Pallett in Support of Nike, Inc.'s Motion for Preliminary Injunction, #3 Declaration of Lauren Sherman in Support of Nike, Inc.'s Motion for Preliminary Injunction, #4 Declaration of Neda Dadpey in Support of Nike, Inc.'s Motion for Preliminary Injunction, #5 Proposed Order, #6 Proof of Service) (Trotter, Rhonda) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Nike Inc., upon Defendant Warren Lotas, LLC served on 10/19/2020, answer due 11/9/2020. Service of the Summons and Complaint were executed upon Warren Lotas, LLC in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Trotter, Rhonda) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Nike Inc., upon Defendant Warren Lotas served on 10/19/2020, answer due 11/9/2020. Service of the Summons and Complaint were executed upon Warren Lotas in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Trotter, Rhonda) |
| Filing 16 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Neda Dadpey. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 15 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael J. Harris. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 14 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Christopher J. Renk. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 13 21 DAY Summons Issued re Amended Complaint/Petition, #7 as to Defendants Warren Lotas, Warren Lotas, LLC. (jtil) |
| Filing 12 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 11 NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Pedro V. Castillo. (jtil) |
| Filing 10 NOTICE of Appearance filed by attorney Cassandra Eva Havens on behalf of Plaintiff Nike Inc. (Attorney Cassandra Eva Havens added to party Nike Inc.(pty:pla))(Havens, Cassandra) |
| Filing 9 NOTICE of Appearance filed by attorney Edmond Ahadome on behalf of Plaintiff Nike Inc. (Attorney Edmond Ahadome added to party Nike Inc.(pty:pla))(Ahadome, Edmond) |
| Filing 8 Request for Clerk to Issue Summons on Amended Complaint/Petition, #7 filed by Plaintiff Nike Inc.. (Trotter, Rhonda) |
| Filing 7 FIRST AMENDED COMPLAINT against Defendants Warren Lotas, Warren Lotas, LLC amending Complaint (Attorney Civil Case Opening), #1 , filed by plaintiff Nike Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Trotter, Rhonda) |
| Filing 6 NOTICE OF ERRATA filed by Plaintiff Nike Inc.. correcting Complaint (Attorney Civil Case Opening), #1 (Attachments: #1 Complaint)(Trotter, Rhonda) |
| Filing 5 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Nike Inc.. (Trotter, Rhonda) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Nike Inc., (Trotter, Rhonda) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Nike Inc.. (Trotter, Rhonda) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Nike Inc.. (Trotter, Rhonda) |
| Filing 1 COMPLAINT Receipt No: ACACDC-28535853 - Fee: $400, filed by Plaintiff Nike Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Attorney Rhonda R Trotter added to party Nike Inc.(pty:pla))(Trotter, Rhonda) |
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