Betty's Best, Inc. v. The Facebook Advertisers Listed on Schedule A
| Betty's Best, Inc. |
| The Facebook Advertisers Listed on Schedule A, gorgeousdo.com, moonlightooze.com, smarts-blue.com, alcartoonly.com, costumebrand.com, dice-fox.com, embravewise.com, milletgo.com, supvogue.com, amor-fox.com, cuorteousin.com, edge-bear.com, gorgeous-flair.com, prospectg.com, firemid.com, glossarye.com, frame-wood.com, mattch-better.com, movingtune.com, allhaulm.com, goblinpocket.com, mite-wood.com, futuremagics.com, peace-glass.com, inputependa.com, jewelawne.com, beautifuldeer.com, purebluestars.com, enjoyaitlife.com, fankisses.com, hailoyearn.com, endeavoried.com, discountym.com, anblinlast.com, happyhours-rover.com, signifyrain.com, youngfight.com, godblue.net, duedurable.com, uniquewhite.net, confidentiay.com, happytoobtain.com, lovermelody.com, somethebest.com, infrontofmoon.com, subtlecloud.com, easecutecloud.com, luckrainbowsky.com, opportunuity.com, implicitm.com, formulalm.com, superbzeal.com, magicport.net, rationalu.com, dodgeflying.com, awakelet.com, feelrational.com, jingle-shines.uk, bulk-supplement.com, sunshinebl.com, lovertune.com, luckyarrange.com, fondlychoice.com, fondsomething.com, sunnylada.com, swan-sunny.com, matureidea.com, confidencem.com, merrilytous.com, somewarmday.com, semi-sugarism.com, theflycloud.com, needgored.com, puppup.net, tophotred.com, witmethod.com, newnumeral.com, structuref.com, absolutelyn.com, bestnumeral.com, justlikesky.com, funnymere.shop, sincerespeech.com, abundantn.com and primarypz.com |
| Meta Platforms Inc. |
| 3:2023cv04716 |
| September 13, 2023 |
| US District Court for the Northern District of California |
| Jacqueline Scott Corley |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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| Document Text |
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Filing 40
ORDER ON EX-PARTE MOTION FOR TEMPORARY RESTRAINING ORDER, ASSET FREEZE ORDER, EXPEDITED DISCOVERY ORDER, AND PRELIMINARY INJUNCTION. Signed by Judge Jacqueline Scott Corley on September 26, 2023. (ahm, COURT STAFF) (Filed on 9/26/2023)
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| Filing 39 Minute Entry for proceedings held before Judge Jacqueline Scott Corley: Motion Hearing held by Zoom videoconference on 9/26/2023 re Plaintiff's #16 Ex- Parte Motion for Temporary Restraining Order, Asset Freeze Order, Ex-Parte Motion for Preliminary Injunction and Ex-Parte Motion to Expedite Discovery Order. The Court to issue written order.Court Reporter: Ana Dub/Time 00:16Attorneys for Plaintiff: Joel Rothman/Matthew RollinAttorneys for certain defendants: Katherine Kramer/Joseph WilbertAttorneys for Non-Party Meta Platforms: Julie Schwartz/Michael Bleicher (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 9/26/2023) |
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Filing 38
ORDER by Judge Jacqueline Scott Corley granting #32 Motion for Pro Hac Vice as to Katherine Kramer. (ahm, COURT STAFF) (Filed on 9/26/2023)
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| Filing 37 REPLY (re #21 Ex Parte Application for Alternative Service and Incorporated Memorandum of Law ) filed byBetty's Best, Inc.. (Rothman, Joel) (Filed on 9/26/2023) |
| Filing 36 OPPOSITION/RESPONSE (re #16 Ex Parte MOTION for Temporary Restraining Order , Asset Freeze OrderEx Parte MOTION for Preliminary Injunction Ex Parte MOTION to Expedite Discovery Order ) filed byMeta Platforms Inc.. (Schwartz, Julie) (Filed on 9/25/2023) |
| Filing 35 Corporate Disclosure Statement by Meta Platforms Inc. (Schwartz, Julie) (Filed on 9/25/2023) |
| Filing 34 NOTICE of Appearance by Michael Constantine Bleicher on Behalf of Meta Platforms, Inc. (Bleicher, Michael) (Filed on 9/25/2023) |
| Filing 33 NOTICE of Appearance by Julie Erin Schwartz on Behalf of Meta Platforms, Inc. (Schwartz, Julie) (Filed on 9/25/2023) |
| Filing 32 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18676969.) filed by absolutelyn.com, abundantn.com, alcartoonly.com, allhaulm.com, amor-fox.com, anblinlast.com, awakelet.com, beautifuldeer.com, bestnumeral.com, bulk-supplement.com, confidencem.com, confidentiay.com, costumebrand.com, cuorteousin.com, dice-fox.com, discountym.com, dodgeflying.com, duedurable.com, easecutecloud.com, edge-bear.com, embravewise.com, endeavoried.com, enjoyaitlife.com, fankisses.com, feelrational.com, firemid.com, fondlychoice.com, fondsomething.com, formulalm.com, frame-wood.com, funnymere.shop, futuremagics.com, glossarye.com, goblinpocket.com, godblue.net, gorgeous-flair.com, gorgeousdo.com, hailoyearn.com, happyhours-rover.com, happytoobtain.com, implicitm.com, infrontofmoon.com, inputependa.com, jewelawne.com, jingle-shines.uk, justlikesky.com, lovermelody.com, lovertune.com, luckrainbowsky.com, luckyarrange.com, magicport.net, mattch-better.com, matureidea.com, merrilytous.com, milletgo.com, mite-wood.com, moonlightooze.com, movingtune.com, needgored.com, newnumeral.com, opportunuity.com, peace-glass.com, primarypz.com, prospectg.com, puppup.net, purebluestars.com, rationalu.com, semi-sugarism.com, signifyrain.com, sincerespeech.com, smarts-blue.com, somethebest.com, somewarmday.com, structuref.com, subtlecloud.com, sunnylada.com, sunshinebl.com, superbzeal.com, supvogue.com, swan-sunny.com, theflycloud.com, tophotred.com, uniquewhite.net, witmethod.com, youngfight.com. (Attachments: #1 Exhibit Certificate of Good Standing)(Kramer, Katherine) (Filed on 9/25/2023) |
| Filing 31 OPPOSITION/RESPONSE (re #21 Ex Parte Application for Alternative Service and Incorporated Memorandum of Law ) filed byabsolutelyn.com, abundantn.com, alcartoonly.com, allhaulm.com, amor-fox.com, anblinlast.com, awakelet.com, beautifuldeer.com, bestnumeral.com, bulk-supplement.com, confidencem.com, confidentiay.com, costumebrand.com, cuorteousin.com, dice-fox.com, discountym.com, dodgeflying.com, duedurable.com, easecutecloud.com, edge-bear.com, embravewise.com, endeavoried.com, enjoyaitlife.com, fankisses.com, feelrational.com, firemid.com, fondlychoice.com, fondsomething.com, formulalm.com, frame-wood.com, funnymere.shop, futuremagics.com, glossarye.com, goblinpocket.com, godblue.net, gorgeous-flair.com, gorgeousdo.com, hailoyearn.com, happyhours-rover.com, happytoobtain.com, implicitm.com, infrontofmoon.com, inputependa.com, jewelawne.com, jingle-shines.uk, justlikesky.com, lovermelody.com, lovertune.com, luckrainbowsky.com, luckyarrange.com, magicport.net, mattch-better.com, matureidea.com, merrilytous.com, milletgo.com, mite-wood.com, moonlightooze.com, movingtune.com, needgored.com, newnumeral.com, opportunuity.com, peace-glass.com, primarypz.com, prospectg.com, puppup.net, purebluestars.com, rationalu.com, semi-sugarism.com, signifyrain.com, sincerespeech.com, smarts-blue.com, somethebest.com, somewarmday.com, structuref.com, subtlecloud.com, sunnylada.com, sunshinebl.com, superbzeal.com, supvogue.com, swan-sunny.com, theflycloud.com, tophotred.com, uniquewhite.net, witmethod.com, youngfight.com. (Wilbert, Joseph) (Filed on 9/25/2023) |
| Filing 30 OPPOSITION/RESPONSE (re #16 Ex Parte MOTION for Temporary Restraining Order , Asset Freeze OrderEx Parte MOTION for Preliminary Injunction Ex Parte MOTION to Expedite Discovery Order ) filed byabsolutelyn.com, abundantn.com, alcartoonly.com, allhaulm.com, amor-fox.com, anblinlast.com, awakelet.com, beautifuldeer.com, bestnumeral.com, bulk-supplement.com, confidencem.com, confidentiay.com, costumebrand.com, cuorteousin.com, dice-fox.com, discountym.com, dodgeflying.com, duedurable.com, easecutecloud.com, edge-bear.com, embravewise.com, endeavoried.com, enjoyaitlife.com, fankisses.com, feelrational.com, firemid.com, fondlychoice.com, fondsomething.com, formulalm.com, frame-wood.com, funnymere.shop, futuremagics.com, glossarye.com, goblinpocket.com, godblue.net, gorgeous-flair.com, gorgeousdo.com, hailoyearn.com, happyhours-rover.com, happytoobtain.com, implicitm.com, infrontofmoon.com, inputependa.com, jewelawne.com, jingle-shines.uk, justlikesky.com, lovermelody.com, lovertune.com, luckrainbowsky.com, luckyarrange.com, magicport.net, mattch-better.com, matureidea.com, merrilytous.com, milletgo.com, mite-wood.com, moonlightooze.com, movingtune.com, needgored.com, newnumeral.com, opportunuity.com, peace-glass.com, primarypz.com, prospectg.com, puppup.net, purebluestars.com, rationalu.com, semi-sugarism.com, signifyrain.com, sincerespeech.com, smarts-blue.com, somethebest.com, somewarmday.com, structuref.com, subtlecloud.com, sunnylada.com, sunshinebl.com, superbzeal.com, supvogue.com, swan-sunny.com, theflycloud.com, tophotred.com, uniquewhite.net, witmethod.com, youngfight.com. (Attachments: #1 Exhibit 1)(Wilbert, Joseph) (Filed on 9/25/2023) |
| Filing 29 NOTICE of Appearance by Joseph R Wilbert on Behalf of Certain Defendants (Wilbert, Joseph) (Filed on 9/25/2023) |
| Filing 28 AFFIDAVIT in Support re #16 Ex Parte MOTION for Temporary Restraining Order , Asset Freeze OrderEx Parte MOTION for Preliminary Injunction Ex Parte MOTION to Expedite Discovery Order filed byBetty's Best, Inc.. (Attachments: #1 Exhibit 1 - Emails to Facebook, #2 Exhibit 2 - BB-FB Emails Combined, #3 Exhibit 3 - Ad Targeting, #4 Exhibit 4 - How Much it Costs to Advertise on FB, #5 Exhibit 5 - How Meta Charges for Ads)(Related document(s) #16 ) (Rollin, Matthew) (Filed on 9/25/2023) |
| Filing 27 Supplemental Brief re #16 Ex Parte MOTION for Temporary Restraining Order , Asset Freeze OrderEx Parte MOTION for Preliminary Injunction Ex Parte MOTION to Expedite Discovery Order filed byBetty's Best, Inc.. (Attachments: #1 Exhibit 1, #2 Proposed Order Proposed Order)(Related document(s) #16 ) (Rothman, Joel) (Filed on 9/24/2023) |
| Filing 26 CLERK'S NOTICE RESETTING ZOOM HEARING. The hearing on Plaintiff's #16 Ex Parte Motion for Temporary Restraining Order is reset for 9/26/2023 at 9:00 a.m. before Judge Jacqueline Scott Corley by a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names must be sent to the CRD at jsccrd@cand.uscourts.gov no later than noon on 9/25/2023.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 9/21/2023) |
| Filing 25 NOTICE by Betty's Best, Inc. re #23 Clerk's Notice Setting Zoom Hearing.,,,,,, Set Motion and Deadlines/Hearings,,,,, Notice of Religious Conflict with Hearing Date and Time (Rothman, Joel) (Filed on 9/20/2023) |
| Filing 24 CERTIFICATE OF SERVICE by Betty's Best, Inc. re #16 Ex Parte MOTION for Temporary Restraining Order , Asset Freeze OrderEx Parte MOTION for Preliminary Injunction Ex Parte MOTION to Expedite Discovery Order (Rothman, Joel) (Filed on 9/20/2023) |
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Filing 23
ORDER SETTING HEARING ON PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING. Signed by Judge Jacqueline Scott Corley on September 20, 2023. Motion Hearing is set for 9/25/2023 at 1:30 p.m. before Judge Jacqueline Scott Corley by a Zoom videoconference. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at jsccrd@cand.uscourts.gov no later than noon on.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (ahm, COURT STAFF) (Filed on 9/20/2023)
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| Filing 22 CERTIFICATE of Counsel re #1 Complaint,, #16 Ex Parte MOTION for Temporary Restraining Order , Asset Freeze OrderEx Parte MOTION for Preliminary Injunction Ex Parte MOTION to Expedite Discovery Order Certificate of Service by Joel Benjamin Rothman on behalf of Betty's Best, Inc. (Rothman, Joel) (Filed on 9/20/2023) |
| Filing 21 Ex Parte Application for Alternative Service and Incorporated Memorandum of Law filed by Betty's Best, Inc.. (Attachments: #1 Proposed Order)(Rothman, Joel) (Filed on 9/19/2023) |
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Filing 20
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jacqueline Scott Corley for all further proceedings. Judge Haywood S Gilliam, Jr no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by The Clerk on 9/19/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bar, COURT STAFF) (Filed on 9/19/2023)
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Filing 19
ORDER OF RECUSAL. Signed by Judge Haywood S. Gilliam, Jr. on 9/19/2023. (ndr, COURT STAFF) (Filed on 9/19/2023)
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| Filing 18 NOTICE by Betty's Best, Inc. re #16 Ex Parte MOTION for Temporary Restraining Order , Asset Freeze OrderEx Parte MOTION for Preliminary Injunction Ex Parte MOTION to Expedite Discovery Order (Attachments: #1 Proposed Order)(Rollin, Matthew) (Filed on 9/19/2023) |
| Filing 17 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #16 . In the future when filing an ex parte motion, the correct event to use is Ex Parte Application located under Motions-General under the Motions and Related Filings category. The briefing schedule set by counsel at the time the motion was e-filed is vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 9/19/2023) |
| Filing 16 Ex Parte MOTION for Temporary Restraining Order , Asset Freeze Order, Ex Parte MOTION for Preliminary Injunction , Ex Parte MOTION to Expedite Discovery Order filed by Betty's Best, Inc.. Responses due by 10/2/2023. Replies due by 10/10/2023. (Attachments: #1 Declaration of Sarah M. Owens in Support, #2 Exhibit 1 - Discrete List of Facebook Advertisers shown on Schedule A to the Complaint, #3 Exhibit 2 - List of Facebook Advertisers who Math Defendants, #4 Exhibit 3 - List of Facebook Advertisers who Do Not Match Defendants, #5 Exhibit 4 - Screenshots of Defendants' Uses, #6 Declaration of Joel B. Rothman in Support, #7 Exhibit 1 - Order on Preliminary Injunction and Retaining Transfer, #8 Exhibit 2 - Report and REcommendation, #9 Exhibit 3 - Complaint in FLSD, #10 Exhibit 4 - Application for TRO, PI and Retaining Assets, #11 Exhibit 5 - Declaration of Sarah M. Owen, #12 Exhibit 6 - Declaration of Joel B. Rothman, #13 Exhibit 7 - Motion for Alternate Service, #14 Exhibit 8 - Order Granting Alternate Service, #15 Exhibit 9 - Advertising Standards for Facebook advertisements)(Rothman, Joel) (Filed on 9/18/2023) |
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Filing 15
ORDER by Judge Haywood S. Gilliam, Jr. Granting #7 Motion for Pro Hac Vice for Rothman, Joel. (ndr, COURT STAFF) (Filed on 9/18/2023)
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| Filing 14 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #7 . Your address on the application does not match the address listed on the docket (docket reflects: 4651 North Federal Highway). Either update your address on the docket or e-file a revised application (with attachments) with the correct address reflected on it. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 9/15/2023) |
| Filing 13 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for December 19, 2023, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by December 12th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:23-cv-04716-HSG. The December 19, 2023 proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.PLEASE NOTE: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 9/15/2023) |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case. Signed by Clerk on 09/15/2023. (mbc, COURT STAFF) (Filed on 9/15/2023)
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| Filing 11 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mkl, COURT STAFF) (Filed on 9/14/2023) |
| Filing 10 REPORT on the filing or determination of an action regarding patent and trademark (cc: form mailed to register). (far, COURT STAFF) (Filed on 9/14/2023) |
| Filing 9 REPORT on the filing or determination of an action regarding copyright (cc: form mailed to register). (far, COURT STAFF) (Filed on 9/14/2023) |
| Filing 8 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/11/2023. Initial Case Management Conference set for 12/18/2023 01:30 PM in San Francisco, Courtroom C, 15th Floor. (far, COURT STAFF) (Filed on 9/14/2023) |
| Filing 7 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18643366.) filed by Betty's Best, Inc.. (Attachments: #1 Certificates of Good Standing)(Rothman, Joel) (Filed on 9/14/2023) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Betty's Best, Inc... (Rollin, Matthew) (Filed on 9/14/2023) |
| Filing 5 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/28/2023. (ark, COURT STAFF) (Filed on 9/14/2023) |
| Filing 4 Rule 7.1 Disclosures by Betty's Best, Inc. (None) (Rollin, Matthew) (Filed on 9/13/2023) |
| Filing 3 REPORT on the filing or determination of an action regarding a Patent and Trademarks (cc: form mailed to register). (Rollin, Matthew) (Filed on 9/13/2023) |
| Filing 2 REPORT on the filing or determination of an action regarding a Copyright (cc: form mailed to register). (Rollin, Matthew) (Filed on 9/13/2023) |
| Filing 1 COMPLAINT for Intellectual Property Infringement - Injunctive Relief Demanded against The Facebook Advertisers Listed on Schedule A ( Filing fee $ 402, receipt number ACANDC-18641572.). Filed byBetty's Best, Inc.. (Attachments: #1 Schedule A, #2 Exhibit 1 - Trademark Registrations, #3 Exhibit 2 - Copyright Registrations - Photos, #4 Exhibit 3 - Copyright Registrations - Movies, #5 Exhibit 4 - Copyright Registration - Website, #6 Exhibit 5 - Patent Registration, #7 Civil Cover Sheet)(Rollin, Matthew) (Filed on 9/13/2023) |
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