Coachella Music Festival, LLC et al v. Afrochella Limited et al
| Coachella Music Festival, LLC and Goldenvoice, LLC |
| Afrochella Limited, BBNZ Live Limited, Culture Management Group Limited and Does 1-20 |
| 2:2022cv07275 |
| October 5, 2022 |
| US District Court for the Central District of California |
| Charles F Eick |
| John A Kronstadt |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 27 NOTICE OF ERRATA filed by Defendants Afrochella Limited, BBNZ Live Limited, Culture Management Group Limited. correcting Memorandum in Support of Motion, #24 correcting Filing Event of Memorandum of Points in Authorities in Support of Opposition to Plaintiffs' Motion for Preliminary Injunction (Attachments: #1 Memorandum of Points in Authorities, #2 Declaration of Abdul Abdullah, #3 Exhibit A, #4 Exhibit B)(Boykins, Tahir) |
Filing 26
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. A hearing is not necessary and, therefore, the matter is taken under submission. Upon review of the Joint Report, a scheduling order will be issued. Rule 26 Meeting Report due by 2/3/2023. (tj)
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| Filing 25 MEMORANDUM in Opposition to EX PARTE APPLICATION to FILE OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION #23 filed by Plaintiffs Coachella Music Festival, LLC, Goldenvoice, LLC. (Attachments: #1 Declaration of Steven E. Lauridsen, #2 Exhibit 1 - Defendants Motion to Strike (Ghana Litigation), #3 Exhibit 2 - Article Regarding Afrochella CEO Abdul Abdullah, #4 Exhibit 3 Email Transmitting Standing Orders, #5 Exhibit 4 Email Transmitting Motion for Preliminary Injunction, #6 Exhibit 5 Ghana Court Ruling Sanctioning Defendants, #7 Exhibit 6 Defendants Appeal in Ghana, #8 Exhibit 7 Defendants Motion to Stay in Ghana, #9 Proposed Order)(Lauridsen, Steven) |
| Filing 24 MEMORANDUM in Support of EX PARTE APPLICATION to FILE OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION #23 filed by Defendants Afrochella Limited, BBNZ Live Limited, Culture Management Group Limited. (Attachments: #1 Declaration of Abdul K. Abdullah, #2 Exhibit A, #3 Exhibit B)(Boykins, Tahir) |
| Filing 23 EX PARTE APPLICATION to FILE OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by Defendants Afrochella Limited, BBNZ Live Limited, Culture Management Group Limited. (Attachments: #1 Declaration of Tahir L. Boykins, #2 Declaration of Abdul K. Abdullah, #3 Proposed Order) (Boykins, Tahir) |
| Filing 22 CORPORATE DISCLOSURE STATEMENT AND CERTIFICATION AND NOTICE OF INTERESTED PARTIES (LOCAL RULE 7.1-1) filed by Defendants Afrochella Limited, BBNZ Live Limited, Culture Management Group Limited (Boykins, Tahir) |
| Filing 21 ANSWER to Complaint (Attorney Civil Case Opening),,,,, #1 with JURY DEMAND filed by Defendant Afrochella Limited, BBNZ Live Limited, Culture Management Group Limited.(Attorney Tahir Lynn Boykins added to party Afrochella Limited(pty:dft), Attorney Tahir Lynn Boykins added to party BBNZ Live Limited(pty:dft), Attorney Tahir Lynn Boykins added to party Culture Management Group Limited(pty:dft))(Boykins, Tahir) |
| Filing 20 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION for Preliminary Injunction re Defendants' Infringing Use of the Afrochella Mark in the United States #14 Due to Defendants' Failure to File an Opposition to the Motion, filed by Plaintiffs Coachella Music Festival, LLC, Goldenvoice, LLC. (Attachments: #1 Declaration of Steven E. Lauridsen)(Lauridsen, Steven) |
| Filing 19 PROOF OF SERVICE filed by Plaintiffs Coachella Music Festival, LLC, Goldenvoice, LLC, re Memorandum in Support of Motion, #15 , NOTICE OF MOTION AND MOTION for Preliminary Injunction re Defendants' Infringing Use of the Afrochella Mark in the United States #14 , Declaration (Motion related),,,,,,, #16 Defendants served on 11/1/2022. (Lauridsen, Steven) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Coachella Music Festival, LLC, Goldenvoice, LLC, upon Defendant Afrochella Limited served on 11/1/2022, answer due 11/22/2022; BBNZ Live Limited served on 11/1/2022, answer due 11/22/2022; Culture Management Group Limited served on 11/1/2022, answer due 11/22/2022. in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. Service effected by email and DHL per order of the Court. (Lauridsen, Steven) |
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Filing 17
ORDER RE EX PARTE APPLICATION FOR ORDER GRANTING LEAVE FOR ALTERNATIVE SERVICE (DKT. 12) by Judge John A. Kronstadt. The Application is GRANTED. It is hereby ordered as follows: Plaintiffs may serve Defendant Afrochella Limited at the following email addresses: afrochella@gmail.com, info@afrochella.com, press@afrochella.com, talent@afrochella.com, and vendor@afrochella.com; Defendant BBNZ Live Limited using the email address kayblay@gmail.com; and Defendant Culture Management Group Limited at the email address abdul@afrochella.com. Service shall be complete upon transmission of the email so long as Plaintiffs' counsel does not receive an indication that the emails were undelivered. (See document for further details) (yl)
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| Filing 16 DECLARATION of Jason Bernstein in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Defendants' Infringing Use of the Afrochella Mark in the United States #14 filed by Plaintiffs Coachella Music Festival, LLC, Goldenvoice, LLC. (Attachments: #1 Exhibit 1 - Pollstar Article, #2 Exhibit 2 - Articles re First Coachella Attendance, #3 Exhibit 3 - News Stories About Coachella, #4 Exhibit 4 - Line Up Posters, #5 Exhibit 5 - Article re Coachella Selling Out, #6 Exhibit 6 - Article re 360 Dome, #7 Exhibit 7 - Art Exhibitions at Coachella, #8 Exhibit 8 - Valley Music Travel Website Screenshots, #9 Exhibit 9 - Coachella's Website, #10 Exhibit 10 - Coachella App, #11 Exhibit 11 - Google Search Results, #12 Exhibit 12 - Coachella Social Media, #13 Exhibit 13 - Coachella's Registration Certificates, #14 Exhibit 14 - Afrochella US Adverts, #15 Exhibit 15 - Article re Continent's Answer to Coachella, #16 Exhibit 16 - Afrochella Website, #17 Exhibit 17 - Afrochella Founder Tweet, #18 Exhibit 18 - Afrochella Founder Tweet About Coachella, #19 Exhibit 19 - Defendants' TM Applications for CHELLA and COACHELLA in Ghana, #20 Exhibit 20 - Decision Sustaining Opposition to CHELLA in Ghana, #21 Exhibit 21 - Defendants' US Afrochella Application, #22 Exhibit 22 - Office Action Rejecting Afrochella Application, #23 Exhibit 23 - Notice of Abandonment for Afrochella, #24 Exhibit 24 - Cease and Desist Letters, #25 Exhibit 25 - Afrochella Social Media, #26 Exhibit 26 - Afrochella Flight and Stay Tour Website, #27 Exhibit 27 - Defendants' Media Kit, #28 Exhibit 28 - Posts Showing Confusion, #29 Exhibit 29 - Afrochella Ticket Site, #30 Exhibit 30 - Afrochella Merchandise Page)(Steele, David) |
| Filing 15 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Defendants' Infringing Use of the Afrochella Mark in the United States #14 filed by Plaintiffs Coachella Music Festival, LLC, Goldenvoice, LLC. (Steele, David) |
| Filing 14 NOTICE OF MOTION AND MOTION for Preliminary Injunction re Defendants' Infringing Use of the Afrochella Mark in the United States filed by Plaintiffs Coachella Music Festival, LLC, Goldenvoice, LLC. Motion set for hearing on 12/12/2022 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Proposed Order) (Steele, David) |
| Filing 13 PROOF OF SERVICE filed by Plaintiffs Coachella Music Festival, LLC, Goldenvoice, LLC, re EX PARTE APPLICATION to to Serve Defendants by Email and DHL Courier #12 served on October 25, 2022 at 10:52 a.m. PDT. (Steele, David) |
| Filing 12 EX PARTE APPLICATION to to Serve Defendants by Email and DHL Courier filed by Plaintiffs Coachella Music Festival, LLC, Goldenvoice, LLC. (Attachments: #1 Declaration of Steven E. Lauridsen, #2 Exhibit 1 - Email Giving Notice of Ex Parte, #3 Exhibit 2 - Afrochella Website Screenshots, #4 Exhibit 3 - Article Containing Email Address, #5 Declaration of Yvonne Adwoah Yeboah, #6 Proposed Order) (Steele, David) |
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Filing 11
STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (kr)
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| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Afrochella Limited, BBNZ Live Limited, Culture Management Group Limited. (et) |
| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Charles F. Eick. (et) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,,, #1 filed by Plaintiffs Coachella Music Festival, LLC, Goldenvoice, LLC. (Steele, David) |
| Filing 5 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Coachella Music Festival, LLC, Goldenvoice, LLC. (Steele, David) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Plaintiffs Coachella Music Festival, LLC, Goldenvoice, LLC identifying CVM&AF, Inc., AEG Presents LLC, Anschutz Entertainment Group, Inc., and The Anschutz Corporation as child or as Corporate Parent. (Steele, David) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiffs Coachella Music Festival, LLC, Goldenvoice, LLC, identifying CVM&AF, Inc.; AEG Presents LLC; Anschutz Entertainment Group, Inc.; and The Anschutz Corporation. (Steele, David) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Coachella Music Festival, LLC, Goldenvoice, LLC. (Steele, David) |
| Filing 1 COMPLAINT Receipt No: ACACDC-34108389 - Fee: $402, filed by Plaintiffs Coachella Music Festival, LLC, Goldenvoice, LLC. (Attachments: #1 Exhibit 1 - News Stories About Coachella, #2 Exhibit 2 -News Stories About Coachella Selling Out, #3 Exhibit 3 - Coachella's Website, #4 Exhibit 4 - Coachella's App, #5 Exhibit 5 - Coachella's Social Media, #6 Exhibit 6 - Trademark Registration Certificates, #7 Exhibit 7 - Article re Afrochella, #8 Exhibit 8 - Afrochella Webpage, #9 Exhibit 9 - Afrochella Founder Tweet About Attending Coachella, #10 Exhibit 10 - Afrochella Founder Tweet re Association with Coachella, #11 Exhibit 11 - Decision re CHELLA Mark in Ghana, #12 Exhibit 12 - US AFROCHELLA Trademark Application, #13 Exhibit 13 - Office Action Refusing AFROCHELLA in US, #14 Exhibit 14 - Notice of Abandonment for AFROCHELLA in US, #15 Exhibit 15 - Cease and Desist Letters, #16 Exhibit 16 - Afrochella Flight and Stay Tour Information, #17 Exhibit 17 - Afrochella Social Media, #18 Exhibit 18 - Afrochella US Adverts, #19 Exhibit 19 - Example of Actual Confusion, #20 Exhibit 20 - Additional Example of Actual Confusion) (Attorney David J. Steele added to party Coachella Music Festival, LLC(pty:pla), Attorney David J. Steele added to party Goldenvoice, LLC(pty:pla))(Steele, David) |
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