IP-6 International, Inc. v. Nutrigold, Inc.
Plaintiff: IP-6 International, Inc.
Defendant: Nutrigold, Inc.
Case Number: 6:2021cv01507
Filed: September 14, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Daniel C Irick
Referring Judge: Carlos E Mendoza
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 30, 2022 Filing 29 REPLY to Response to Motion re #24 MOTION for Summary Judgment filed by Nutrigold, Inc.. (Nydegger, Chad)
September 16, 2022 Filing 28 REPLY to Response to Motion re #25 RESPONSE to Motion re #24 MOTION for Summary Judgment and Cross-MOTION for Summary Judgment of No Liability, #24 MOTION for Summary Judgment and Response in Opposition to Defendant's Cross-Motion for Summary Judgment and Incorporated Memorandum of Law filed by IP-6 International, Inc.. (Attachments: #1 Exhibit A-Declaration of Thomas Sokoloff in Support, #2 Exhibit B-Declaration of Mark Warzecha in Support)(Warzecha, Mark)
September 2, 2022 Filing 27 DECLARATION of Chad Nydegger re #25 Response to motion by Nutrigold, Inc.. (Attachments: #1 Exhibit A - NutriGold Website, #2 Exhibit B - NutriGold_000623-626, #3 Exhibit C - NutriGold_000387, #4 Exhibit D - NutriGold_000434, #5 Exhibit E - IP-6 First Requests for Admission, #6 Exhibit F - NutriGold_000920-925, #7 Exhibit G - Red Yeast Rice Gold Amazon Page, #8 Exhibit H - IP_6's Responses to NutriGold's First Set of Interrogatories (Nos. 1-12), #9 Exhibit I - NutriGold's Responses to First Set of Interrogatories from Plaintiff, #10 Exhibit J - IP-6's Responses to NutriGold's First Set of Requests for Admission, #11 Exhibit K - TESS Search Results, #12 Exhibit L - TESS Search Results Live, #13 Exhibit M - Google Search for red yeast rice gold, #14 Exhibit N - NutriGold_000441-456)(Nydegger, Chad)
September 2, 2022 Filing 26 DECLARATION of Osman Khan re #25 Response to motion by Nutrigold, Inc.. (Nydegger, Chad)
September 2, 2022 Filing 25 RESPONSE to Motion re #24 MOTION for Summary Judgment and Cross-MOTION for Summary Judgment of No Liability filed by Nutrigold, Inc. (Nydegger, Chad) Modified on 9/6/2022 (SPM).
August 12, 2022 Filing 24 MOTION for Summary Judgment by IP-6 International, Inc.. (Attachments: #1 Exhibit A - Declaration of Mark Warzecha in Support, #2 Exhibit A-1 - Defendant's Responses to Plaintiff's First Set of Requests for Admission to Defendant, #3 Exhibit A-2 - Plaintiff's Bates stamp number IP000318, #4 Exhibit A-3 - Defendant's Bates stamp number NutriGold_000599, #5 Exhibit A-4 (Composite) - Defendant's Bates stamp numbers Nutrigold_000744-Nutrigold_000747, Nutrigold_000763-Nutrigold_000774, Nutrigold_000777-Nutrigold_000784, Nutrigold_000805-Nutrigold_000822, and Nutrigold_000839-Nutrigold_000841, #6 Exhibit A-5 - Defendant's Response to Plaintiff's First Set of Requests for Admission to Defendant, #7 Exhibit A-6 - Defendant's Response to Plaintiff's First Set of Interrogatories, #8 Exhibit A-7 (Composite) - screen captures of Plaintiff's and Defendant's products on Walmart's website, #9 Exhibit A-8 (Composite) - screen captures of Plaintiff's and Defendant's products on Lucky Vitamin's website)(Warzecha, Mark)
December 13, 2021 Filing 23 Joint NOTICE OF SELECTION of Mark Stein as mediator by IP-6 International, Inc.. (Warzecha, Mark) Modified text on 12/13/2021 (ARJ).
December 2, 2021 Filing 22 CASE REFERRED to Mediation. Mediator: TBD (ARJ)
December 1, 2021 Opinion or Order Filing 21 ORDER directing the parties to confer, and then advise the Court, on the selection of a mediator, on or before December 15, 2021. Signed by Judge Carlos E. Mendoza on 12/1/2021. (MEH) ctp
December 1, 2021 Opinion or Order Filing 20 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 1/31/2022 Joinder of Parties due by 1/31/2022 Discovery due by 5/5/2023 Dispositive motions due by 6/6/2023 Pretrial statement due by 10/9/2023 All other motions due by 10/9/2023 Plaintiff disclosure of expert report due by 3/7/2023 Defendant disclosure of expert report due by 4/6/2023 Trial Status Conference set for 9/21/2023 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza Bench Trial set for November 2023 trial term in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Conduct mediation hearing by 5/19/2023. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 12/1/2021. (MEH) ctp
November 23, 2021 Filing 19 NOTICE of Appearance by Jessica Page on behalf of IP-6 International, Inc. (Page, Jessica)
November 22, 2021 Filing 18 CASE MANAGEMENT REPORT. (Warzecha, Mark)
November 18, 2021 Filing 17 CERTIFICATE of interested persons and corporate disclosure statement re #5 Order by Nutrigold, Inc.. (Nydegger, Chad)
November 4, 2021 Opinion or Order Filing 16 ENDORSED ORDER granting #14 Motion to Appear Pro Hac Vice. Chad E. Nydegger is granted special admission to practice in the Middle District for purposes of this action pursuant to Local Rule 2.01(c), provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Daniel C. Irick on 11/4/2021. (Irick, Daniel)
November 4, 2021 Filing 15 ANSWER and affirmative defenses to #1 Complaint by Nutrigold, Inc..(Nydegger, Chad)
November 4, 2021 Filing 14 MOTION for Chad E. Nydegger to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18892631 for $150 by Nutrigold, Inc.. (Nydegger, Chad) Motions referred to Magistrate Judge Daniel C. Irick.
October 25, 2021 Filing 13 AMENDED Proof of Service by IP-6 International, Inc. (Warzecha, Mark) Modified text on 10/25/2021 (ARJ).
October 14, 2021 Opinion or Order Filing 12 ENDORSED ORDER denying without prejudice #11 Motion for Clerk's Default. The Motion and the Return of Service fail to establish how service upon the person identified in the Return is service upon the Defendant under applicable law--i.e. service of a corporation by service upon a person identified as a "managing agent." Signed by Magistrate Judge Daniel C. Irick on 10/14/2021. (Irick, Daniel)
October 14, 2021 Filing 11 MOTION for Clerk's Default against Nutrigold, Inc. by IP-6 International, Inc.. (Attachments: #1 Affidavit for Entry of Default, #2 Text of Proposed Order proposed Entry of Default)(Warzecha, Mark) Motions referred to Magistrate Judge Daniel C. Irick.
September 22, 2021 Filing 10 PROOF of service by IP-6 International, Inc. (Warzecha, Mark)
September 20, 2021 Filing 9 NOTICE of a related action per Local Rule 1.07(c) by IP-6 International, Inc. Related case(s): No (Warzecha, Mark) Modified text on 9/21/2021 (ARJ).
September 20, 2021 Filing 8 CERTIFICATE of interested persons and corporate disclosure statement re #5 Order by IP-6 International, Inc.. (Warzecha, Mark)
September 20, 2021 Opinion or Order Filing 7 STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 2/1/2021. (RN)
September 16, 2021 Opinion or Order Filing 6 NOTICE TO COUNSEL AND PARTIES: Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Carlos E. Mendoza on 9/16/2021. (MEH) ctp
September 16, 2021 Opinion or Order Filing 5 INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 9/16/2021. (MEH) ctp
September 15, 2021 Filing 4 SUMMONS issued as to Nutrigold, Inc. (ARJ)
September 15, 2021 Filing 3 Trademark Report sent to Alexandria, VA. (Attachments: #1 Complaint and Exhibits A-E) (ARJ)
September 14, 2021 Filing 2 NEW CASE ASSIGNED to Judge Carlos E. Mendoza and Magistrate Judge Daniel C. Irick. New case number: 6:21-cv-1507-CEM-DCI. (SJB)
September 14, 2021 Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number AFLMDC-18699884) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Trademark Registration Certificate for no.: 4,059,721, #3 Exhibit B - Notice of Acceptance/Acknowledgement for for Registration No.: 4,059,721, #4 Exhibit C - August 25, 2020 cease and desist letter, #5 Exhibit D - November 20, 2020 follow up cease and desist letter, #6 Exhibit E - July 20, 2021 final follow up cease and desist letter, #7 Proposed Summons)(Warzecha, Mark)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System

Search for this case: IP-6 International, Inc. v. Nutrigold, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: IP-6 International, Inc.
Represented By: Mark F. Warzecha
Represented By: James Ippoliti
Represented By: Jessica Honeycutt
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Nutrigold, Inc.
Represented By: Chad E. Nydegger
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?