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 |
| 25-4146 |
| November 7, 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 31 [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 30 [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 29 [11247255] Filed notice record is complete. Served on 01/14/2026. [25-4137, 25-4146] [Entered: 01/14/2026 08:09 AM] |
| Filing 28 [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 27 [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 26 [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 25 [11239043] Transcript order form filed by R. Edward Young. Transcript of 03/07/2025 motion hearing due 01/02/2026 for R. Edward Young. [25-4146] [Entered: 12/12/2025 11:24 AM] |
| Filing 24 [11238128] Transcript order form filed by Michelle Gonsalves. Transcript of 04/24/2025 jury instruction hearing due 12/11/2025. [25-4146] [Entered: 12/09/2025 04:52 PM] |
| Filing 23 [11238059] 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. [25-4146] [Entered: 12/09/2025 02:44 PM] |
| Filing 21 [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 20 [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 19 [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 18 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 17 [11236638] Transcript order form filed by Michelle Gonsalves. Transcripts due 12/30/2025 for Michelle Gonsalves. Transcripts ordered: 04/22-24/2025 trial dates. [25-4146] --[Edited 12/09/2025 by SLS to remove docket entry from 25-4137] [Entered: 12/03/2025 03:11 PM] |
| Filing 16 [11235773] Minute order filed - Transcript order form due 12/16/2025 for Teena Green (Final Pretrial Conference/Argument on Motions in Limine held 04/18/25; Jury Trial Day 1 held 04/21/25; Jury Trial Day 2 held 04/22/25; Jury Trial Day 3 held 04./23/25; Jury Trial Day 4 held 04/24/25; Jury Trial Day 5 held 04/25/25; Hearing on Disgorgement held 04/21/25; Oral Ruling on Renewed Motion to Exclude Portions of Defendant's Expert Report held 04/23//25; Hearing on Outstanding Jury Instructions and Special Verdict Form held 04/24/25). (Text Only - No Attachment) [25-4146] --[Edited 12/09/2025 by SLS to remove docket entry from 25-4137] [Entered: 12/02/2025 07:35 AM] |
| Filing 15 [11235772] Minute order filed - Transcript order form due 12/16/2025 for R. Edward Young (Motion for Summary Judgment Hearing held 03/7/25). (Text Only - No Attachment) [25-4146] --[Edited 12/09/2025 by SLS to remove docket entry from 25-4137] [Entered: 12/02/2025 07:33 AM] |
| Filing 14 [11235717] Docketing statement filed by Hark'n Technologies, Inc. in 25-4146. Served on 12/01/2025. Manner of Service: email. [25-4146] ACB [Entered: 12/01/2025 04:50 PM] |
| Filing 13 [11235710] Acknowledgment of transcript order filed by Hark'n Technologies, Inc. Transcripts ordered: Hearing on Disgorgement held 04/21/25; Oral Ruling on Renewed Motion to Exclude Portions of Defendant's Expert Report held 04/23/25; Hearing on Outstanding Jury Instructions and Special Verdict Form held 04/24/25. Served on: 12/01/2025. Manner of Service: email. [25-4146] --[Edited 12/09/2025 by SLS to remove docket entry from 25-4137; Hark'n Tech is the appellant in 25-4146.] ACB [Entered: 12/01/2025 04:41 PM] |
| Filing 12 [11235705] Acknowledgment of transcript order filed by Hark'n Technologies, Inc. Transcripts ordered: Final Pretrial Conference/Argument on Motions in Limine held 04/18/25; Jury Trial Days 1 (held 04/21/25), 2 (held 04/22/25), 3 (held 04/23/25), 4 (held 04/24/25), and 5 (held 04/25/25). Served on: 12/01/2025. Manner of Service: email. [25-4146] Manner of Service: email. [25-4146] -[Edited 12/09/2025 by SLS to remove docket entry from 25-4137; Hark'n Tech is the appellant in 25-4146.] ACB [Entered: 12/01/2025 04:36 PM] |
| Filing 11 [11235700] Acknowledgment of transcript order filed by Hark'n Technologies, Inc. Transcript ordered: Motion for Summary Judgment Hearing held 03/07/25. Served on: 12/01/2025. Manner of Service: email. [25-4146] --[Edited 12/09/2025 by SLS to remove docket entry from 25-4137; Hark'n Tech is the appellant in 25-4146.] ACB [Entered: 12/01/2025 04:27 PM] |
| Filing 10 [11234911] Entry of appearance filed by Jordan T. Greenburg, Scarlet R. Smith and Ryan P. Atkinson for Orange Whip Fitness X, LLC. CERT. OF INTERESTED PARTIES: y. Served on 11/26/2025. Manner of Service: email [25-4146] [Entered: 11/26/2025 10:30 AM] |
| Filing 9 [11234901] Rule 26 Disclosure Statement filed by Orange Whip Fitness X, LLC. More than 50 parties disclosed: no. Served on 11/26/2025. Manner of Service: email. [25-4146] JTG [Entered: 11/26/2025 10:10 AM] |
| Filing 8 [11234891] Entry of appearance submitted by Ryan P. Atkinson, Scarlet R. Smith. Jordan T. Greenburg for Appellee Orange Whip Fitness X, LLC for court review. Certificate of Interested Parties: No. Served on 11/26/2025. Manner of Service: email. [25-4146]--[Edited 11/26/2025 by ART to remove pdf as pleading was filed on 11/26/2025] JTG [Entered: 11/26/2025 09:50 AM] |
| Filing 7 [11233971] Deficiency notice issued. Notice of appearance due on 12/01/2025 for Orange Whip Fitness X, LLC. [25-4146] [Entered: 11/24/2025 07:34 AM] |
| Filing 6 [11233969] Deficiency notice issued. Preliminary documents are past due. Docketing statement and transcript order form now due 12/01/2025 for Hark'n Technologies, Inc. [25-4146] [Entered: 11/24/2025 07:28 AM] |
| Filing 5 [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 4 [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 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 [11229782] Civil case docketed. Preliminary record filed. DATE RECEIVED: 11/07/2025 Docketing statement and Transcript order form due 11/21/2025 for Hark'n Technologies, Inc. Notice of appearance due on 11/21/2025 for Hark'n Technologies, Inc. and Orange Whip Fitness X, LLC. Disclosure statement due on 11/21/2025 for Hark'n Technologies, Inc. and Orange Whip Fitness X, LLC. [25-4146] [Entered: 11/07/2025 11:07 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.
