Dr. Seuss Enterprises, L.P. v. ComicMix LLC et al
| Dr. Seuss Enterprises, L.P. |
| ComicMix LLC, Glenn Hauman, David Jerrold Friedman and Ty Templeton |
| 3:2016cv02779 |
| November 10, 2016 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Janis L. Sammartino |
| Bernard G. Skomal |
| Copyrights |
| 28 U.S.C. ยง 1338 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
194
ORDER: (1) Granting Joint Motion for Entry of Consent Judgment and Permanent Injunction; (2) Denying as Moot ECF No. 188 ; and Entering Consent Judgment and Permanent Injunction [ECF Nos. 188 ; 192 ]. Signed by Judge Janis L. Sammartino on 10/8/2021. (tcf)
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Filing
187
ORDER(1) Denying 176 Defendants' Motion for Reconsideration and (2) Denying Plaintiff's Renewed Motion for Summary Judgment (ECF Nos. 176 , 177 ). Signed by Judge Janis L. Sammartino on 8/9/2021. (tcf)
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Filing
186
ORDER Granting 185 Defendants' Motion to Substitute Attorney. The Clerk of the Court SHALL TERMINATE Michael Licari as local counsel of record for Defendants and SHALL SUBSTITUTE T.C. Johnston in his stead. Signed by Judge Janis L. Sammartino on 7/28/2021. (tcf)
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Filing
182
ORDER Vacating June 10, 2021 Hearing and Taking Matters under Submission without Oral Argument re 176 Renewed MOTION for Summary Judgment and 177 MOTION for Reconsideration re 88 Denying Motion for Issuance of Request to the Register of Copyrights Pursuant to 17 U.S.C. § 411(b). Signed by Judge Janis L. Sammartino on 5/19/2021. (tcf)
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Filing
171
ORDER Granting 170 Joint Motion to Reset Status/Appeal Mandate Hearing. Good cause appearing, the Court GRANTS the Joint Motion. However, to accommodate the Court's schedule, the Court RESETS the status/appeal mandate hearing for 3/5/2021 at 11:30 AM in Courtroom 4D before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 2/24/2021. (tcf)
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Filing
169
ORDER Resetting Status/Appeal Mandate Hearing. The Court now RESETS the status/appeal mandate hearing for 2/26/2021 at 11:30 AM before Judge Janis L. Sammartino. The Parties shall appear telephonically and should contact the Courtroom Deputy by e-mail for teleconference access information. Signed by Judge Janis L. Sammartino on 2/22/2021. (tcf)
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Filing
163
ORDER (1) Granting Joint Motion for an extension of time NUNC PRO TUNC for Defendants to file their motion for Attorney's fees; (2) Granting Plaintiff's ex parte application for an order denying Defendants' motion for Attorney's F ees and Bill of Costs without prejudice or, in the alternative, staying proceedings pending appeal; and (3) Denying motion for Attorney's fees and Bill of Costs(ECF No.s 154 , 155 , 157 , 158 ). Signed by Judge Janis L. Sammartino on 4/30/2019. (jpp)
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Filing
100
ORDER Granting 99 Joint Motion to Amend the Scheduling Order. Signed by Magistrate Judge Bernard G. Skomal on 7/10/2018. (mpl)
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Filing
95
ORDER Granting in Part and Denying in Part Plaintiff's 61 Motion to Strike. The Court grants Plaintiff's Motion to Strike Defendants' affirmative defenses numbers one, two, three, four, five, six, eight, eleven, seventeen, eighteen, and twenty. The boilerplate defenses (numbers one, two, three, four, and eight) are stricken with leave to amend. The Court denies the remainder of the Motion. Signed by Judge Janis L. Sammartino on 6/21/2018. (mpl)
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Filing
91
ORDER: (1) Granting in Part 90 Joint Motion to Amend the Scheduling Order to Extend Discovery Deadlines and (2) Setting Forth First Amended Scheduling Order Regulating Discovery and Other Pre-trial Proceedings. The Final Pretrial Conference is set for 3/14/2019 at 1:30 p.m. before Judge Janis L. Sammartino. The Mandatory Settlement Conference set for 1/30/2019 at 1:30 p.m. before Magistrate Judge Bernard G. Skomal. The Memorandum of Contentions of Fact and Law is due by 2/14/2019. The Proposed Pretrial Order is due by 3/7/2019. Signed by Magistrate Judge Bernard G. Skomal on 5/29/2018. (mpl)
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Filing
89
ORDER Granting in Part 54 Motion for Partial Judgment on the Pleadings. The Court grants Defendants' Motion for Judgment on the Pleadings as to Counts II and III of the First Amended Complaint as they relate to the title of Boldly. Because Plaintiff's unfair competition claims are based on the same factual conduct as its trademark claims, the Court grants Defendants' Motion for Judgment on the Pleadings as to Count IV of the First Amended Complaint as it relates to the title of Boldly. Signed by Judge Janis L. Sammartino on 5/21/2018. (mpl)
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Filing
51
ORDER Denying 41 Motion to Dismiss. The Court denies Defendants' Motion to Dismiss Plaintiff's claim of copyright infringement. As to Plaintiff's trademark and unfair competition claims, the Court finds Defendants are unable to prove each element of nominative fair use. Therefore, the Court denies Defendants' Motion to Dismiss Plaintiff's claims of trademark infringement and unfair competition.Signed by Judge Janis L. Sammartino on 12/7/2017. (mpl)
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Filing
38
ORDER Granting in Part and Denying in Part 8 Motion to Dismiss for Failure to State a Claim. It is ordered that the Court denies Defendants' Motion to Dismiss Plaintiff's claim of copyright infringement. But Plaintiff's trademark and unfair competition claims stand on different footing. Plaintiff does not oppose the substance of Defendants' trademark-based argument regarding nominative fair use, and the Court therefore grants Defendants' Motion to Dismiss Pla intiff's claims of trademark infringement and unfair competition. However, given Plaintiffs lack of nominative-fair- use opposition and Defendants' failure to respond to Plaintiff's confusingly- similar-titles argument under Rogers v. Grimaldi, the Court grants Plaintiff leave to amend its complaint regarding the second and third causes of action. Any such amendment must be within fourteen days of the date on which this Order is electronically docketed. Signed by Judge Janis L. Sammartino on 6/9/2017. (dxj)
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