Hark'n Technologies v. Orange Whip Fitness X, et al
| HARK'N TECHNOLOGIES, INC. |
| ORANGE WHIP FITNESS X, LLC, DOUGLAS J. WALD, BRIAN J. NEWMAN and JIMMY HACK GOLF, LLC |
| 25-4137 |
| October 28, 2025 |
| U.S. Court of Appeals, Tenth Circuit |
| Trademark |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 17, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 37 [11274069] Order filed by Clerk of the Court. On December 30, 2025, this court abated this appeal pending the district court's disposition of DC Dkt. No. 420. This matter is now before the court on review of the district court's docket, which shows that it has not yet ruled on that motion. Accordingly, the court continues the abatement of this appeal pending the district court's disposition of DC Dkt. No. 420. Once the district court has ruled on DC Dkt. No. 420: (1) the Clerk of the district court shall supplement the preliminary record as Tenth Circuit Rule 3.2(B) requires; and (2) this court will provide the parties to these cross-appeals with additional directives regarding their prosecution, including whether the court will deem Harkn Technologies or Orange Whip to be the appellant pursuant to Fed. R. App. P. 28.1(b). Served on 04/17/2026. Text only entry - no attachment. [25-4137, 25-4146] [Entered: 04/17/2026 12:52 PM] |
| Filing 36 [11260005] Minute order filed. On December 30, 2025, this court abated this appeal pending the district courts disposition of DC Dkt. No. 420. This matter is now before the court on review of the district court's docket, which shows that it has not yet ruled on that motion. Accordingly, the court continues the abatement of this appeal pending the district court's disposition of DC Dkt. No. 420. Once the district court has ruled on DC Dkt. No. 420: (1) the Clerk of the district court shall supplement the preliminary record as Tenth Circuit Rule 3.2(B) requires; and (2) this court will provide the parties to these cross-appeals with additional directives regarding their prosecution, including whether the court will deem Harkn Technologies or Orange Whip to be the appellant pursuant to Fed. R. App. P. 28.1(b). (Text Only - No Attachment) [25-4137, 25-4146] [Entered: 03/02/2026 11:36 AM] |
| Filing 35 [11247255] Filed notice record is complete. Served on 01/14/2026. [25-4137, 25-4146] [Entered: 01/14/2026 08:09 AM] |
| Filing 34 [11246972] Minute order filed - Notice (for both 25-4137 & 25-4146) due that record is complete by 01/16/2026 for Gary P. Serdar, Clerk of Court. (Text Only - No Attachment) [25-4137, 25-4146] [Entered: 01/13/2026 11:42 AM] |
| Filing 33 [11243047] Order filed by Clerk of the Court abating case pending the district court's disposition of Dkt. No. 420. (Reason for abatement: DCt Motion.) Nothing in this order is intended to affect any deadlines set by the Tenth Circuit Mediation Office and/or any deadlines related to the preparation of transcripts for purposes of these appeals. Please see attached order for additional information. Served on 12/30/2025. [25-4137, 25-4146] [Entered: 12/30/2025 09:57 AM] |
| Filing 32 [11240421] Rule 28.1 Joint Written Statement of Designation of Parties on Appeal filed by Hark'n Technologies, Inc. in 25-4137, 25-4146, Orange Whip Fitness X, LLC to Court's Order dated 12/8/2025 (Dkt 24). Served on 12/17/2025. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-4137, 25-4146]--[Edited 12/18/2025 by AT to add title of response to docket entry.] ACB [Entered: 12/17/2025 04:08 PM] |
| Filing 31 [11238130] Order filed by Clerk of the Court granting court reporter's motion to extend time to file transcript. All transcripts now due 01/02/2026 for Michelle Gonsalves, Teena Green, Ed Young, and UTDC Digital Recorder (attorney must make transcription arrangements). Served on 12/09/2025. Text only entry - no attachment. [25-4137] [Entered: 12/09/2025 04:54 PM] |
| Filing 30 [11238127] Transcript order form filed by Michelle Gonsalves. Transcripts of 04/18/2025 motions hearing and 04/22-24/2025 trial proceedings due 12/11/2025. [25-4137] [Entered: 12/09/2025 04:49 PM] |
| Filing 29 [11238125] Transcript order form filed by Michelle Gonsalves. Transcripts of 04/24/2025 jury instruction hearing and 09/02/2025 hearing on motion for PI due 12/11/2025 for Michelle Gonsalves. [25-4137] [Entered: 12/09/2025 04:46 PM] |
| Filing 28 [11238057] Notice filed that the transcript of the 04/25/2025 proceedings was filed by Edward Young in district court on 05/15/2025. Manner of Service: email. [25-4137] [Entered: 12/09/2025 02:41 PM] |
| Filing 27 [11237885] Court reporter's motion to extend time to file transcript of voir dire until 01/02/2026 filed by Laura Robinson for Teena Green. Served on 12/09/2025. Manner of Service: email. [25-4137] [Entered: 12/09/2025 10:18 AM] |
| Filing 26 [11237814] Entry of appearance filed by Axel Trumbo for Orange Whip Fitness X, LLC in 25-4137, 25-4146. CERT. OF INTERESTED PARTIES: n (all parties previously disclosed). Served on 12/09/2025. Manner of Service: email [25-4137, 25-4146] [Entered: 12/09/2025 08:07 AM] |
| Filing 25 [11237796] Entry of appearance submitted by Axel Trumbo for Appellant Orange Whip Fitness X, LLC in 25-4137, Appellee Orange Whip Fitness X, LLC in 25-4146 for court review. Certificate of Interested Parties: Yes. Served on 12/09/2025. Manner of Service: email. --[Edited 12/09/2025 by MLB to remove pdf from docket; entry filed on 12/9/25][25-4137, 25-4146] AT [Entered: 12/09/2025 06:56 AM] |
| Filing 24 [11237640] Order filed by Clerk of the Court. These matters are before the court on receipt and review of the respective docketing statements and the district courts docket. Parties' joint, written proposal due 12/18/2025 by Hark'n Technologies, Inc., Orange Whip Fitness X, LLC, Jimmy Hack Golf, LLC, Brian J. Newman and Douglas J. Wald. Further briefing on the merits is suspended in both appeals pending resolution of the designation of the appellant for purposes of these appeals. Please see Order for additional information. Served on 12/08/2025. [25-4137, 25-4146] [Entered: 12/08/2025 03:04 PM] |
| Filing 23 This entry has been removed from the docket and filer advised to correct and resubmit (no CIP and not captioned for both appeals.) [SLS] [11237070] Entry of appearance submitted by Axel Trumbo for Appellant Orange Whip Fitness X, LLC in 25-4137, Appellee Orange Whip Fitness X, LLC in 25-4146 for court review. Certificate of Interested Parties: No. Served on 12/04/2025. Manner of Service: email. [25-4137, 25-4146] AT [Entered: 12/04/2025 05:11 PM] |
| Filing 15 [11231797] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. ZoomGov conference scheduled for 12/08/2025 at 10:00 am (MT). The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. [Please open the Notice for important information.] [25-4137, 25-4146] [Entered: 11/14/2025 02:20 PM] |
| Filing 14 [11230691] Minute order filed - Transcript order form due 11/26/2025 for Teena Green. Transcripts ordered: Hearing on Motions in Limine held 04/18/2025; Hearing on Preliminary Jury Instructions, Voir Dire, and Jury Panel Swearing In held 04/21/2025; Trial Day 2 held 04/22/2025; Trial Day 3 held 04/23/2025; Trial Day 4 held 04/24/2025; Trial Day 5 held 04/25/25. (Text Only - No Attachment) [25-4137] [Entered: 11/12/2025 09:43 AM] |
| Filing 13 [11230689] Minute order filed - Transcript order form due 11/26/2025 for UTDC Digital Recorder (attorney must make transcription arrangements). Transcript ordered: Final Jury Instructions Hearing held 04/24/2025; Hearing on Motion for Permanent Injunction held 09/02/2025. (Text Only - No Attachment) [25-4137] [Entered: 11/12/2025 09:42 AM] |
| Filing 12 [11230687] Minute order filed - Transcript order form due 11/26/2025 for R. Edward Young (03/07/2025 Hearing re: Defendant's Motion for Summary Judgment). (Text Only - No Attachment) [25-4137] [Entered: 11/12/2025 09:40 AM] |
| Filing 11 [11230657] Entry of appearance filed by Ryan P. Atkinson, Jordan T. Greenburg, and Scarlet R. Smith for Orange Whip Fitness X, LLC. CERT. OF INTERESTED PARTIES: y. Served on 11/11/2025. Manner of Service: email. [25-4137] [Entered: 11/12/2025 09:07 AM] |
| Filing 10 [11230595] Entry of appearance filed by Mr. Alan C. Bradshaw for Hark'n Technologies, Inc. and Kendra M. Brown for Hark'n Technologies, Inc. in 25-4137 and 25-4146. CERT. OF INTERESTED PARTIES: y. Served on 11/10/2025. Manner of Service: email. [25-4146, 25-4137] [Entered: 11/12/2025 08:04 AM] |
| Filing 9 [11230541] Acknowledgment of transcript order filed by Orange Whip Fitness X, LLC. Transcript ordered: Hearing on Motions in Limine held 04/18/2025; Hearing on Preliminary Jury Instructions, Voir Dire, and Jury Panel Swearing In held 04/21/2025; Trial Day 2 held 04/22/2025; Trial Day 3 held 04/23/2025; Trial Day 4 held 04/24/2025; Trial Day 5 held 04/25/25. Served on: 11/11/2025. Manner of Service: email. [25-4137] JTG [Entered: 11/11/2025 06:07 PM] |
| Filing 8 [11230540] Acknowledgment of transcript order filed by Orange Whip Fitness X, LLC. Transcript ordered: Final Jury Instructions Hearing held 04/24/2025; Hearing on Motion for Permanent Injunction held 09/02/2025. Served on: 11/11/2025. Manner of Service: email. [25-4137] JTG [Entered: 11/11/2025 06:03 PM] |
| Filing 7 [11230539] Acknowledgment of transcript order filed by Orange Whip Fitness X, LLC. Transcript ordered: Summary Judgment Hearing held 03/07/2025. Served on: 11/11/2025. Manner of Service: email. [25-4137] JTG [Entered: 11/11/2025 06:01 PM] |
| Filing 6 [11230538] Docketing statement filed by Orange Whip Fitness X, LLC. Served on 11/11/2025. Manner of Service: email. [25-4137] JTG [Entered: 11/11/2025 05:52 PM] |
| Filing 5 [11230537] Rule 26 Disclosure Statement filed by Orange Whip Fitness X, LLC. More than 50 parties disclosed: no. Served on 11/11/2025. Manner of Service: email. [25-4137] JTG [Entered: 11/11/2025 05:47 PM] |
| Filing 4 [11230536] Entry of appearance submitted by Ryan P. Atkinson; Scarlet R. Smith; Jordan T. Greenburg for Appellant Orange Whip Fitness X, LLC for court review. Certificate of Interested Parties: Yes. Served on 11/11/2025. Manner of Service: email. [25-4137] --[Edited 11/12/2025 by AT to remove PDF as pleading was filed on 11/12/2025.] JTG [Entered: 11/11/2025 05:42 PM] |
| Filing 3 [11230469] Rule 26 Disclosure Statement filed by. More than 50 parties disclosed: no. Served on 11/10/2025. Manner of Service: email. [25-4146, 25-4137] ACB [Entered: 11/10/2025 05:13 PM] |
| Filing 2 [11230467] Entry of appearance submitted by Alan C. Bradshaw; Kendra M. Brown for Appellant Hark'n Technologies, Inc. in 25-4146, Appellee Hark'n Technologies, Inc. in 25-4137 for court review. Certificate of Interested Parties: Yes. Served on 11/10/2025. Manner of Service: email. [25-4146, 25-4137] --[Edited 11/12/2025 by AT to remove PDF as pleading was filed on 11/12/2025.] ACB [Entered: 11/10/2025 05:09 PM] |
| Filing 1 [11226411] Civil case docketed. Preliminary record filed. DATE RECEIVED: 10/27/2025. Notice of appearance, Docketing statement, Disclosure statement and Transcript order form due 11/12/2025 for Orange Whip Fitness X, LLC. Notice of appearance and Disclosure statement due on 11/12/2025 for Hark'n Technologies, Inc. [25-4137] [Entered: 10/28/2025 11:40 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
