K and K Promotions, Inc. v. Walt Disney Studios, et al
| K AND K PROMOTIONS, INC. |
| WALT DISNEY STUDIOS MOTION PICTURES, PIXAR and DISNEY STORE USA, LLC |
| 21-16740 |
| October 19, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Trademark |
Opinions
We have the following opinions for this case:
| Description |
|---|
| K AND K PROMOTIONS, INC. V. WALT DISNEY STUDIOS |
Docket Report
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This docket was last retrieved on May 31, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 Filed (ECF) Acknowledgment of hearing notice by Attorney J. Randall Jones for Appellant K and K Promotions, Inc.. Hearing in San Francisco on 08/10/2022 at 09:30 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 05/31/2022. [12459883] [21-16740] (Jones, J.) [Entered: 05/31/2022 01:47 PM] |
| Filing 32 Filed (ECF) Acknowledgment of hearing notice by Attorney Mark Tratos for Appellees Disney Store USA, LLC, Pixar and Walt Disney Studios Motion Pictures. Hearing in San Francisco on 08/10/2022 at 09:30 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 05/31/2022. [12459385] [21-16740] (Tratos, Mark) [Entered: 05/31/2022 09:55 AM] |
| Filing 31 Notice of Oral Argument on Wednesday, August 10, 2022 - 09:30 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Wednesday, August 10, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12459069]. [21-16740] (KS) [Entered: 05/29/2022 06:09 AM] |
| Filing 30 Filed (ECF) Attorney Chad R. Aronson for Appellant K and K Promotions, Inc. response to notice for case being considered for oral argument. Date of service: 04/20/2022. [12426845] [21-16740] (Aronson, Chad) [Entered: 04/20/2022 03:25 PM] |
| Filing 29 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for August 2022 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12426303]. [21-16740] (KS) [Entered: 04/20/2022 10:31 AM] |
| Filing 28 Received 6 paper copies of Reply Brief [ # 26 ] filed by K and K Promotions, Inc.. [12422860] (SD) [Entered: 04/15/2022 02:08 PM] |
| Filing 27 Filed clerk order: The reply brief [ # 26 ] submitted by K and K Promotions, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [12418485] (KT) [Entered: 04/12/2022 11:12 AM] |
| Filing 26 Submitted (ECF) Reply Brief for review. Submitted by Appellant K and K Promotions, Inc.. Date of service: 04/11/2022. [12417865] [21-16740]--[COURT UPDATE: attached corrected PDF of reply brief. 04/12/2022 by KT] (Aronson, Chad) [Entered: 04/11/2022 04:29 PM] |
| Filing 25 Streamlined request [24] by Appellant K and K Promotions, Inc. to extend time to file the brief is approved. Streamlined requests allow for 30 days. Amended briefing schedule: the optional reply brief is due 04/11/2022. [12386014] (BG) [Entered: 03/04/2022 08:07 AM] |
| Filing 24 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant K and K Promotions, Inc.. New requested due date is 04/08/2022. [12385826] [21-16740] (Aronson, Chad) [Entered: 03/03/2022 04:20 PM] |
| Filing 23 Filed Appellees' 4 copies of DVD containing motion picture: Toy Story 4. [12382322] (KT) [Entered: 02/28/2022 03:49 PM] |
| Filing 22 Received 6 paper copies of Answering Brief [ # 18 ] filed by Appellees. [12378295] (SD) [Entered: 02/23/2022 04:05 PM] |
| Filing 21 Received 3 paper copies of supplemental excerpts of record [ # 16 ] in 1 volume(s) filed by Appellees. [12377570] (KT) [Entered: 02/23/2022 10:41 AM] |
| Filing 20 Filed clerk order (Deputy Clerk: JN): Appellees unopposed motion to transmit a physical exhibit (Docket Entry No. [ # 17 ]) is granted. See 9th Cir. R. 27-14. Appellees shall submit four copies of the exhibit within seven days of the date of this order. [12376757] (WL) [Entered: 02/22/2022 03:09 PM] |
| Filing 19 Filed clerk order: The answering brief [ # 18 ] submitted by appellees is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The supplemental excerpts of record [ # 16 ] submitted by appellees are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12373950] (LA) [Entered: 02/17/2022 04:43 PM] |
| Filing 18 Submitted (ECF) Answering Brief for review. Submitted by Appellees Disney Store USA, LLC, Pixar and Walt Disney Studios Motion Pictures. Date of service: 02/17/2022. [12373913] [21-16740] (Tratos, Mark) [Entered: 02/17/2022 04:23 PM] |
| Filing 17 Filed (ECF) Appellees Disney Store USA, LLC, Pixar and Walt Disney Studios Motion Pictures Motion to transmit exhibit. Date of service: 02/17/2022. [12373383] [21-16740]--[COURT UPDATE: Attached corrected motion. 02/17/2022 by LA] (Tratos, Mark) [Entered: 02/17/2022 12:25 PM] |
| Filing 16 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Disney Store USA, LLC, Pixar and Walt Disney Studios Motion Pictures. Date of service: 02/17/2022. [12373375] [21-16740]--[COURT UPDATE: Attached corrected excerpts. 02/17/2022 by LA] (Tratos, Mark) [Entered: 02/17/2022 12:19 PM] |
| Filing 15 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 18 ]. Original Text: Filed (ECF) Appellees Disney Store USA, LLC, Pixar and Walt Disney Studios Motion Pictures answer to 1292b petition. Date of service: 02/17/2022. [12373366] [21-16740] (Tratos, Mark) [Entered: 02/17/2022 12:15 PM] |
| Filing 14 Received 3 paper copies of excerpts of record [ # 9 ] in 1 volume(s) filed by Appellant K and K Promotions, Inc. [12324352] (LA) [Entered: 12/23/2021 03:35 PM] |
| Filing 13 Received 8 paper copies of Opening Brief [ # 8 ] filed by K and K Promotions, Inc.. [12324232] (SD) [Entered: 12/23/2021 02:19 PM] |
| Filing 12 Streamlined request [11] by Appellees Disney Store USA, LLC, Pixar and Walt Disney Studios Motion Pictures to extend time to file the brief is approved. Amended briefing schedule: Appellees Disney Store USA, LLC, Pixar and Walt Disney Studios Motion Pictures answering brief due 02/17/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12323956] (BG) [Entered: 12/23/2021 10:38 AM] |
| Filing 11 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Disney Store USA, LLC, Pixar and Walt Disney Studios Motion Pictures. New requested due date is 02/17/2022. [12323832] [21-16740] (Tratos, Mark) [Entered: 12/23/2021 09:21 AM] |
| Filing 10 Filed clerk order: The opening brief [ # 8 ] submitted by K and K Promotions, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 9 ] submitted by K and K Promotions, Inc. are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12320160] (KT) [Entered: 12/20/2021 09:34 AM] |
| Filing 9 Submitted (ECF) excerpts of record. Submitted by Appellant K and K Promotions, Inc.. Date of service: 12/17/2021. [12319574] [21-16740] (Aronson, Chad) [Entered: 12/17/2021 02:57 PM] |
| Filing 8 Submitted (ECF) Opening Brief for review. Submitted by Appellant K and K Promotions, Inc.. Date of service: 12/17/2021. [12319562] [21-16740] (Aronson, Chad) [Entered: 12/17/2021 02:51 PM] |
| Filing 7 Added Attorney(s) Chad R. Aronson for party(s) Appellant K and K Promotions, Inc., in case 21-16740. [12317295] (JFF) [Entered: 12/15/2021 04:51 PM] |
| Filing 6 Filed (ECF) notice of appearance of Chad R. Aronson (Kemp Jones, LLP, 3800 Howard Hughes Parkway, 17th Floor, Las Vegs, NV 89169) for Appellant K and K Promotions, Inc.. Date of service: 12/15/2021. (Party was previously proceeding with counsel.) [12316879] [21-16740] (Aronson, Chad) [Entered: 12/15/2021 02:16 PM] |
| Filing 5 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12291490] (CL) [Entered: 11/18/2021 10:35 AM] |
| Filing 4 MEDIATION ORDER FILED: By 11/16/2021, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12272299] (BLS) [Entered: 10/28/2021 04:23 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 10/27/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12271151]. [21-16740] (AD) [Entered: 10/27/2021 06:44 PM] |
| Filing 2 Filed (ECF) Appellant K and K Promotions, Inc. Mediation Questionnaire. Date of service: 10/26/2021. [12271134] [21-16740] (Jones, J.) [Entered: 10/27/2021 05:53 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant K and K Promotions, Inc. Mediation Questionnaire due on 10/26/2021. Appellant K and K Promotions, Inc. opening brief due 12/17/2021. Appellees Disney Store USA, LLC, Pixar and Walt Disney Studios Motion Pictures answering brief due 01/18/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12262111] (JBS) [Entered: 10/19/2021 04:24 PM] |
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