Otter Products, LLC et al v. Fisch Enterprise Inc. et al
| Otter Products, LLC, Treefrog Developments Inc. and Treefrog Developments, Inc. |
| Fisch Enterprise Inc., John Doe 7, John Doe 10, John Doe 6, John Doe 3, John Doe 2, Samuel Fisch, John Doe 9, John Doe 5, John Doe 8, John Doe 4 and John Doe 1 |
| 1:2019cv00030 |
| January 4, 2019 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Kristen L Mix |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 31 Report re Patent/Trademark: Report on the determination of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (evana, ) |
Filing 30
DEFAULT JUDGMENT re: #29 Order on Motion for Default Judgment entered by Judge Christine M. Arguello on 10/3/19. FURTHER ORDERED that a permanent injunction is entered against Fisch Enterprise in accordance with the terms stated below. The Enjoined parties are: a. Prohibited from advertising or selling all Otter Products or products bearing the Otter Trademarks through any Amazon storefront, including, but not limited to, the Amazon storefront currently named "BARGAINS INC.;" b. Prohibited from advertising or selling, via the Internet or otherwise, all Otter products or products bearing the Otter Trademarks; c. Prohibited from using any of the Otter Trademarks in any manner, including advertising on the Internet; d. Prohibited from importing, exporting, manufacturing, producing, distributing, circulating, selling, offering to sell, advertising, promoting, or displaying any and all Otter Products as well as any products bearing any of the Otter Trademarks; e. Prohibited from disposing of, destroying, altering, moving, removing, concealing, or tampering with any records related to any products sold by them which contain the Otter Trademarks including: invoices, correspondence with vendors and distributors, bank records, account books, financial statements, purchase contracts, sales receipts, and any other records that would reflect the source of the products that Fisch Enterprise has sold bearing these trademarks; f. Required to take all action to remove from the Enjoined Parties' websites or storefronts any reference to any of Otter Products, or any of the Otter Trademarks; g. Required to take all action, including but not limited to, requesting Internet search engines (such as Google, Yahoo!, and Bing) to remove from the Internet any of the Otter Trademarks which associate Otter Products or the Otter Trademarks with the Enjoined Parties or the Enjoined Parties' websites or storefronts; and h. Required to take all action to remove unauthorized Otter Trademarks from the Internet, including from Amazon. (rkeec)
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Filing 29
ORDER GRANTING PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT AND PERMANENT INJUNCTION entered by Judge Christine M. Arguello on 10/3/19. Granting #28 Motion for Default Judgment. Pursuant to Federal Rule of Civil Procedure 55(b)(2), default judgment is entered against Fisch Enterprise. A permanent injunction is entered against Fisch Enterprise in accordance with the terms stated herein. (rkeec)
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| Filing 28 MOTION for Default Judgment as to Defendant Fisch Enterprise, Inc. by Plaintiffs Otter Products, LLC, Treefrog Developments, Inc.. (Attachments: #1 Exhibit Declaration of Tyler B. Pensyl, #2 Proposed Order (PDF Only), #3 Proposed Judgment)(Pensyl, Tyler) |
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Filing 27
MINUTE ORDER granting #24 Unopposed Motion to Vacate Scheduling Conference set for 4/25/19 at 3:30 PM, by Magistrate Judge Kristen L. Mix on 4/11/19. (nmarb, ) Modified on 4/11/2019 to add "Minute". (nmarb, ).
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Filing 26
ORDER re #23 Notice of Dismissal. Plaintiffs' claims against Defendant Samuel Fisch are dismissed without prejudice. The caption on all subsequent filings shall reflect the removal of Samuel Fisch as a Defendant in this case SO ORDERED by Judge Christine M. Arguello on 4/11/2019. Text Only Entry (cmasec)
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| Filing 25 MEMORANDUM regarding #24 Unopposed MOTION to Vacate Scheduling Conference filed by Treefrog Developments, Inc., Otter Products, LLC. Motion referred to Magistrate Judge Kristen L. Mix by Judge Christine M. Arguello on 4/11/2019. Text Only Entry (cmasec) |
| Filing 24 Unopposed MOTION to Vacate Scheduling Conference by Plaintiffs Otter Products, LLC, Treefrog Developments, Inc.. (Pensyl, Tyler) |
| Filing 23 NOTICE of Voluntary Dismissal of Party Samuel Fisch by Plaintiffs Otter Products, LLC, Treefrog Developments, Inc. (Pensyl, Tyler) |
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Filing 22
MINUTE ORDER. PLEASE NOTE DATE AND TIME CHANGE ONLY. This matter is before the Court sua sponte. Due to a conflict on the Court calendar, IT IS HEREBY ORDERED that the Scheduling Conference set for April 23, 2019, at 11:00 a.m. is VACATED and RESET to April 25, 2019, at 3:30 p.m. in Courtroom A-401, Fourth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. IT IS FURTHER ORDERED that the proposed scheduling order shall be submitted on or before April 18, 2019. by Magistrate Judge Kristen L. Mix on 4/3/2019. Text Only Entry (klmlc1, )
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Filing 21
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 3/28/19 re: 16 Entry of Default. IT IS HEREBY ORDERED that, no later than April 29, 2019, Plaintiffs shall file either (1) a motion for default judgment pursuant to Fed. R. Civ. P. 55(b), or (2) dismissal papers as to Defendant Fisch Enterprise Inc. (lgale, )
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| Filing 20 ADVISORY NOTICE TO ATTORNEY: Joseph J. Haspel attempted to enter his appearance in this case by affixing his "s/ " signature to ECF Document No. 18. Counsel is a not a member of the bar this court. Pursuant to D.C.COLO.LAttyR 5(a)(5), his purported appearance will not be recognized. (Text Only Entry) (mfred) |
| Filing 19 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #18 Stipulation for Extension of Time to Answer/Respond to Complaint filed by attorney Tyler Brent Pensyl. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents. (Text Only Entry) (athom, ) |
| Filing 18 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Samuel Fisch. Samuel Fisch answer due 4/15/2019. (Pensyl, Tyler) |
| Filing 17 NOTICE of Entry of Appearance by William D. Kloss on behalf of All Plaintiffs Attorney William D. Kloss added to party Otter Products, LLC(pty:pla), Attorney William D. Kloss added to party Treefrog Developments, Inc. (pty:pla) (Kloss, William) |
| Filing 16 Clerk's ENTRY OF DEFAULT as to Fisch Enterprise Inc. re #15 MOTION for Entry of Default, by Clerk. Text Only Entry (athom, ) |
| Filing 15 MOTION for Entry of Default as to Fisch Enterprise, Inc. by Plaintiffs Otter Products, LLC, Treefrog Developments, Inc.. (Attachments: #1 Exhibit Exhibit A- Declaration ISO Request for Entry of Default)(Miner, Arryn) |
| Filing 14 SUMMONS Returned Executed by All Plaintiffs. Samuel Fisch served on 2/19/2019, answer due 3/12/2019. (Miner, Arryn) Modified on 2/25/2019 to correct applicable party (athom, ). |
| Filing 13 NOTICE of Entry of Appearance by Joshua Aaron Weiss on behalf of Otter Products, LLC, Treefrog Developments, Inc. Attorney Joshua Aaron Weiss added to party Otter Products, LLC(pty:pla), Attorney Joshua Aaron Weiss added to party Treefrog Developments, Inc. (pty:pla) (Weiss, Joshua) |
| Filing 12 SUMMONS Returned Executed by All Plaintiffs. Fisch Enterprise Inc. served on 1/22/2019, answer due 2/12/2019. Samuel Fisch served on 1/22/2019, answer due 2/12/2019. (Miner, Arryn) Modified on 1/28/2019 to correct and add text (athom, ). |
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Filing 11
ORDER Setting Scheduling Conference for 4/23/2019 11:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 1/11/2019. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document, #3 Continuation of Main Document) (jgonz, )
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| Filing 10 SUMMONSES issued by Clerk. (athom, ) Modified on 1/8/2019 to attach correct PDF (athom, ). |
| Filing 9 SUMMONS REQUEST as to Samuel Fisch by Plaintiffs Otter Products, LLC, Treefrog Developments, Inc.. (Miner, Arryn) |
| Filing 8 SUMMONS REQUEST as to Fisch Enterprise Inc by Plaintiffs Otter Products, LLC, Treefrog Developments, Inc.. (Miner, Arryn) |
| Filing 7 NOTICE of Entry of Appearance by Arryn Kahrin Miner on behalf of All Plaintiffs Attorney Arryn Kahrin Miner added to party Otter Products, LLC(pty:pla), Attorney Arryn Kahrin Miner added to party Treefrog Developments, Inc. (pty:pla) (Miner, Arryn) |
| Filing 6 NOTICE of Entry of Appearance of Tyler B. Pensyl by Tyler Brent Pensyl on behalf of Otter Products, LLC, Treefrog Developments, Inc. Attorney Tyler Brent Pensyl added to party Otter Products, LLC(pty:pla), Attorney Tyler Brent Pensyl added to party Treefrog Developments, Inc. (pty:pla) (Pensyl, Tyler) |
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Magistrate Judge Mix is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. FURTHER, Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge Christine M. Arguello on 1/7/2019. Text Only Entry (cmasec)
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| Filing 4 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (dbera, ) |
| Filing 3 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (dbera, ) |
| Filing 2 Case assigned to Judge Christine M. Arguello and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry (dbera, ) |
| Filing 1 COMPLAINT FOR DAMAGES, INJUNCTIVE AND OTHER RELIEF FOR VIOLATIONS OF 15 U.S.C. 1114; 15 U.S.C. 1125(a); 15 U.S.C. 1125(c); AND RELATED CLAIMS; AND JURY DEMAND against John Doe 1, John Doe 10, John Doe 2, John Doe 3, John Doe 4, John Doe 5, John Doe 6, John Doe 7, John Doe 8, John Doe 9, Samuel Fisch, Fisch Enterprise Inc. (Filing fee $ 400,Receipt Number 1082-6466747)Attorney Martha Louise Fitzgerald added to party Otter Products, LLC(pty:pla), Attorney Martha Louise Fitzgerald added to party Treefrog Developments Inc.(pty:pla), filed by Treefrog Developments Inc., Otter Products, LLC. (Attachments: #1 Civil Cover Sheet)(Fitzgerald, Martha) |
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