TopGolf Callaway Brands Corp. et al v. THE INDIVIDUALS, BUSINESS ENTITIES, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A
| TOPGOLF CALLAWAY BRANDS CORP., ACUSHNET COMPANY, ROGER CLEVELAND GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD., KARSTEN MANUFACTURING CORPORATION, TAYLOR MADE GOLF COMPANY, INC. and Sumitomo Rubber Industries Ltd., |
| THE INDIVIDUALS, BUSINESS ENTITIES, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A |
| 0:2022cv62324 |
| December 12, 2022 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| Trademark |
| 15 U.S.C. ยง 1114 Trademark Infringement |
| None |
Docket Report
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| Filing 12 CLERK'S NOTICE - Attorney Admissions has updated the email information for attorney Stephen Michael Gaffigan. (cw) |
| Filing 11 CLERK'S NOTICE - Attorney Admissions has updated the email information for attorney Virgilio Gigante. (cw) |
| Filing 10 NOTICE of Change of Address, Email or Law Firm Name by Virgilio Gigante (Gigante, Virgilio) |
| SYSTEM ENTRY - Docket Entry 8 [motion] restricted/sealed until further notice. (963205) |
| SYSTEM ENTRY - Docket Entry 9 [motion] restricted/sealed until further notice. (963205) |
| Filing 7 Plaintiff's MOTION to Seal per Local Rule 5.4 by ACUSHNET COMPANY, KARSTEN MANUFACTURING CORPORATION, ROGER CLEVELAND GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD., TAYLOR MADE GOLF COMPANY, INC., TOPGOLF CALLAWAY BRANDS CORP.. (Attachments: #1 Text of Proposed Order) (Gigante, Virgilio) |
| Filing 6 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by ACUSHNET COMPANY, KARSTEN MANUFACTURING CORPORATION, ROGER CLEVELAND GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD., TAYLOR MADE GOLF COMPANY, INC., TOPGOLF CALLAWAY BRANDS CORP. identifying Other Affiliate Sumitomo Rubber Industries, Ltd. for ROGER CLEVELAND GOLF COMPANY, INC., SUMITOMO RUBBER INDUSTRIES, LTD.; Corporate Parent 19th Holdings (Delaware), Inc for TAYLOR MADE GOLF COMPANY, INC. ; Corporate Parent Acushnet Holdings Corp. for ACUSHNET COMPANY (Gigante, Virgilio) |
Filing 5
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 12/13/2022. (eca)
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| Filing 4 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions.Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 12/13/2022. (eca) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (rbe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (rbe) |
| Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16164146, filed by TAYLOR MADE GOLF COMPANY, INC., TOPGOLF CALLAWAY BRANDS CORP., SUMITOMO RUBBER INDUSTRIES, LTD., ROGER CLEVELAND GOLF COMPANY, INC., ACUSHNET COMPANY, KARSTEN MANUFACTURING CORPORATION. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 to Complaint Certificates of Registration for the Callaway Golf Trademarks, #3 Exhibit 2 to Complaint Certificates of Registration for the Acushnet Trademarks, #4 Exhibit 3 to Complaint Certificates of Registration for the Roger Cleveland Golf Trademarks, #5 Exhibit 4 to Complaint Certificates of Registration for the Karsten Trademarks, #6 Exhibit 5 to Complaint Certificates of Registration for the Taylor Made Trademarks)(Gaffigan, Stephen) |
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