Kaws, Inc. v. Printify, Inc. et al
KAWS, Inc. |
Printify, Inc., Janis Berdigans and John Does 1-10 |
1:2023cv24063 |
October 24, 2023 |
US District Court for the Southern District of Florida |
Darrin P Gayles |
Trademark |
15 U.S.C. § 44 Trademark Infringement |
Defendant |
Docket Report
This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 89 RESPONSE in Opposition re #67 MOTION to Strike #56 Reply to Response to Motion,,,, filed by KAWS, Inc.. Replies due by 12/27/2023. (Attachments: #1 Exhibit 1 - Preliminary Injunction Hearing, #2 Exhibit 2 - PI Hearing, #3 Exhibit 3 - Motion to Strike, #4 Exhibit 4 - Motion Hearing)(Lee, James) |
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Filing 83 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Janis Berdigans, Printify, Inc.. (Baines, Erica) |
Filing 82 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Grace McLaughlin. Filing Fee $ 200.00 Receipt # AFLSDC-17145696 by Janis Berdigans, Printify, Inc.. Responses due by 12/28/2023 (Attachments: #1 Certification Attorney G. McLaughlin, #2 Text of Proposed Order Granting Motion to Appear)(Baines, Erica) |
Filing 81 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Megan K. Bannigan. Filing Fee $ 200.00 Receipt # AFLSDC-17145678 by Janis Berdigans, Printify, Inc.. Responses due by 12/28/2023 (Attachments: #1 Certification Attorney M. Bannigan, #2 Text of Proposed Order Granting Motion to Appear)(Baines, Erica) |
Filing 80 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kathryn C. Saba. Filing Fee $ 200.00 Receipt # AFLSDC-17145666 by Janis Berdigans, Printify, Inc.. Responses due by 12/28/2023 (Attachments: #1 Certification Attorney K. Saba, #2 Text of Proposed Order Granting Motion to Appear)(Baines, Erica) |
Filing 79 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher S. Ford. Filing Fee $ 200.00 Receipt # AFLSDC-17145650 by Janis Berdigans, Printify, Inc.. Responses due by 12/28/2023 (Attachments: #1 Certification Attorney C. Ford, #2 Text of Proposed Order Granting Motion to Appear)(Baines, Erica) |
Filing 78 Certificate of Other Affiliates/Corporate Disclosure Statement by Printify, Inc. identifying Other Affiliate Printify Development SIA for Printify, Inc. (Baines, Erica) |
Filing 77 TRANSCRIPT of Motion Hearing held on 12/05/2023 before Judge Darrin P. Gayles, 1-90 pages, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2024. Redacted Transcript Deadline set for 1/16/2024. Release of Transcript Restriction set for 3/12/2024. (pdz) |
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Set/Reset Deadlines/Hearings. (hs01) |
Filing 75 Clerk's Notice to Filer re #73 Response/Reply (Other),. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#74]. It is not necessary to refile this document. AND Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) |
Filing 74 RESPONSE in Opposition re #42 MOTION to Change Venue filed by KAWS, Inc.. Replies due by 12/12/2023. (ls)(See Image at DE #73 ) |
Filing 73 Plaintiff's RESPONSE Opposition to Defendants' Motion to Transfer by KAWS, Inc.. (Attachments: #1 Exhibit Atari Am. Compl., #2 Exhibit Become a Partner - Printify Print on Demand Network, #3 Exhibit Order Confirmations_Redacted, #4 Exhibit Monster Digital Website Contact Info, #5 Exhibit Miami Sublimation Website Contact Info)(Baeza, Rossana) |
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Filing 71 Minute Entry for proceedings held before Judge Darrin P. Gayles: Hearing held on 12/5/2023 re #42 Defendants Printify, Inc. and Janis Berdigan's Motion to Transfer and #4 Plaintiff KAWS Inc.'s Motion for Preliminary Injunction. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (hs01) |
Filing 70 Clerk's Notice to Filer re #60 Response in Opposition to Motion,. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (ls) |
Filing 69 Clerk's Notice to Filer re #61 Declaration of Taking. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#68]. It is not necessary to refile this document. (ls) |
Filing 68 AFFIDAVIT/Declaration signed by: Rossana Baeza by KAWS, Inc. (ls)(per DE #61 ) |
Filing 67 MOTION to Strike #56 Reply to Response to Motion,,,, by Janis Berdigans, Printify, Inc.. Responses due by 12/18/2023 (Baines, Erica) |
Filing 66 Exhibit List Defendants' Exhibit List for Hearing on Preliminary Injunction by Janis Berdigans, Printify, Inc... (Baines, Erica) |
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Filing 64 Exhibit List for Preliminary Injunction Hearing by KAWS, Inc... (Baeza, Rossana) |
Filing 63 MOTION to Bring Electronic Equipment into the courtroom by Janis Berdigans, Printify, Inc.. Responses due by 12/18/2023 (Baines, Erica) |
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Filing 61 DECLARATION OF TAKING DECLARATION OF ROSSANA BAEZA by KAWS, Inc.. (Baeza, Rossana) |
Filing 60 RESPONSE in Opposition re #42 MOTION to Change Venue Ex. 5 - Miami Sublimation Website Contact Info filed by KAWS, Inc.. Replies due by 12/11/2023. (Attachments: #1 Exhibit Atari Am. Compl., #2 Exhibit Ex. 2 - Become a Partner - Printify Print on Demand Network, #3 Exhibit Ex. 3 - Order Confirmations_Redacted, #4 Exhibit Ex. 4 Monster Digital Website Contact Info, #5 Exhibit Ex. 5 - Miami Sublimation Website Contact Info)(Baeza, Rossana) |
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Filing 57 NOTICE of Striking #55 Reply to Response to Motion,,,, filed by KAWS, Inc. by KAWS, Inc. (Baeza, Rossana) |
SYSTEM ENTRY - Docket Entry 59 [misc] restricted/sealed until further notice. (1811244) |
Filing 56 Plaintiff's REPLY to Response to Motion re #4 MOTION for Temporary Restraining Order MOTION for Discovery MOTION for Preliminary Injunction (Redacted) filed by KAWS, Inc.. (Attachments: #1 Declaration of Rossana Baeza, #2 Exhibit 1 to Decl. of Rosanna Baeza, #3 Exhibit 2 to Decl. of Rosanna Baeza, #4 Exhibit 3 to Decl. of Rosanna Baeza, #5 Exhibit 4 to Decl. of Rosanna Baeza, #6 Exhibit 5 to Decl. of Rosanna Baeza, #7 Exhibit 6 to Decl. of Rosanna Baeza, #8 Exhibit 7 to Decl. of Rosanna Baeza, #9 Exhibit 8 to Decl. of Rosanna Baeza, #10 Exhibit 9 to Decl. of Rosanna Baeza, #11 Exhibit 10 to Decl. of Rosanna Baeza, #12 Exhibit 11 to Decl. of Rosanna Baeza, #13 Exhibit 12 to Decl. of Rosanna Baeza, #14 Exhibit 13 to Decl. of Rosanna Baeza, #15 Exhibit 14 to Decl. of Rosanna Baeza, #16 Exhibit 15 to Decl. of Rosanna Baeza, #17 Exhibit 16 to Decl. of Rosanna Baeza, #18 Exhibit 17 to Decl. of Rosanna Baeza, #19 Exhibit 18 to Decl. of Rosanna Baeza, #20 Exhibit 19 to Decl. of Rosanna Baeza, #21 Exhibit 20 to Decl. of Rosanna Baeza)(Baeza, Rossana) |
Filing 55 "STRICKEN" Plaintiff's REPLY to Response to Motion re #4 MOTION for Temporary Restraining Order MOTION for Discovery MOTION for Preliminary Injunction (Redacted) filed by KAWS, Inc.. (Attachments: #1 Declaration of Rossana Baeza, #2 Exhibit 1 to Decl. of Rosanna Baeza, #3 Exhibit 2 to Decl. of Rosanna Baeza, #4 Exhibit 3 to Decl. of Rosanna Baeza, #5 Exhibit 4 to Decl. of Rosanna Baeza, #6 Exhibit 5 to Decl. of Rosanna Baeza, #7 Exhibit 6 to Decl. of Rosanna Baeza, #8 Exhibit 7 to Decl. of Rosanna Baeza, #9 Exhibit 8 to Decl. of Rosanna Baeza, #10 Exhibit 9 to Decl. of Rosanna Baeza, #11 Exhibit 10 to Decl. of Rosanna Baeza, #12 Exhibit 11 to Decl. of Rosanna Baeza, #13 Exhibit 12 to Decl. of Rosanna Baeza, #14 Exhibit 13 to Decl. of Rosanna Baeza, #15 Exhibit 14 to Decl. of Rosanna Baeza, #16 Exhibit 15 to Decl. of Rosanna Baeza, #17 Exhibit 16 to Decl. of Rosanna Baeza, #18 Exhibit 17 to Decl. of Rosanna Baeza, #19 Exhibit 18 to Decl. of Rosanna Baeza, #20 Exhibit 19 to Decl. of Rosanna Baeza, #21 Exhibit 20 to Decl. of Rosanna Baeza)(Baeza, Rossana) Modified on 12/1/2023 (ls). (per DE #57 ) |
Filing 54 Unopposed MOTION to Seal per Local Rule 5.4 by KAWS, Inc.. (Attachments: #1 Text of Proposed Order Granting Motion to File Under Seal) (Baeza, Rossana) |
Reset Deadlines as to #42 MOTION to Change Venue . Responses due by 12/4/2023 (ls)(per DE #53) |
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Filing 51 Clerk's NOTICE of Compliance re 50 Order on Motion to Seal, DE [42-10] Sealed. (pcs) |
SYSTEM ENTRY - Docket Entry 52 [misc] restricted/sealed until further notice. (1338202) |
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Filing 47 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #44 Response in Opposition to Motion, #4 MOTION for Temporary Restraining Order MOTION for Discovery MOTION for Preliminary Injunction by KAWS, Inc.. (Attachments: #1 Text of Proposed Order)(Baeza, Rossana) |
Filing 46 AFFIDAVIT in Support re #42 MOTION to Change Venue filed by Janis Berdigans, Printify, Inc.. (Attachments: #1 Exhibit 8 2023.10.27 Oral Argument Transcript Excerpt)(Baines, Erica) |
Filing 45 EXPEDITED MOTION To Seal Docket No. 42-10 re #42 MOTION to Change Venue by Janis Berdigans, Printify, Inc.. (Baines, Erica) |
Filing 44 RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order MOTION for Discovery MOTION for Preliminary Injunction (Redacted) filed by Janis Berdigans, Printify, Inc.. Replies due by 11/28/2023. (Attachments: #1 Affidavit of A. Oleinika (Redacted), #2 Exhibit 1 to Oleinika Decl., #3 Affidavit of Dustin L. Taylor, #4 Exhibit A to Taylor Decl., #5 Exhibit B to Taylor Decl., #6 Exhibit C to Taylor Decl.)(Baines, Erica) |
Filing 43 MOTION to Seal per Local Rule 5.4 by Janis Berdigans, Printify, Inc.. (Baines, Erica) |
Filing 42 MOTION to Change Venue by Janis Berdigans, Printify, Inc.. Responses due by 12/5/2023 (Attachments: #1 Olenika Decl, #2 Taylor Decl, #3 Exhibit 1 SDNY and SD Fla Comparisons, #4 Exhibit 2 Kawstoo Larger than Life, #5 Exhibit 3 NJ.com article, #6 Exhibit 4 The Surprising Ascent of KAWS, #7 Exhibit 5 NY Dept of State Public Inquity, #8 Exhibit 6 Skarstedt Home Page, #9 Exhibit 7 'KAWS HOLIDAY' At Skarstedt Palm Beach Hypebeast, #10 Exhibit 8 2023.10.27 Oral Argument Transcript)(Baines, Erica) |
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Filing 40 RESPONSE in Opposition re #36 MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint filed by KAWS, Inc.. Replies due by 11/28/2023. (Lee, James) |
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Reset Response/Answer Due Deadline: Janis Berdigans response/answer due 12/14/2023; Printify, Inc. response/answer due 12/14/2023. (ls)(per DE #41) |
Filing 36 MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by Janis Berdigans, Printify, Inc.. (Attachments: #1 Affidavit of Dustin L. Taylor, #2 Exhibit 1, #3 Text of Proposed Order)(Baines, Erica) |
Filing 35 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kara Fussner. Filing Fee $ 200.00 Receipt # AFLSDC-17087837 by Janis Berdigans, Printify, Inc.. Responses due by 12/4/2023 (Baines, Erica) |
Filing 34 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rudolph A. Telscher, Jr.. Filing Fee $ 200.00 Receipt # AFLSDC-17087775 by Janis Berdigans, Printify, Inc.. Responses due by 12/4/2023 (Baines, Erica) |
Filing 33 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Dustin L. Taylor. Filing Fee $ 200.00 Receipt # BFLSDC-17087685 by Janis Berdigans, Printify, Inc.. Responses due by 12/4/2023 (Baines, Erica) |
Filing 32 NOTICE of Attorney Appearance by Erica Conklin Baines on behalf of Janis Berdigans, Printify, Inc.. Attorney Erica Conklin Baines added to party Janis Berdigans (pty:dft), Attorney Erica Conklin Baines added to party Printify, Inc. (pty:dft). (Baines, Erica) |
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Filing 30 NOTICE of Posting Bond by KAWS, Inc. re #28 Clerk's Receipt (ls) |
Filing 29 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Katie Pearl Kavanaugh. Filing Fee $ 200.00 Receipt # AFLSDC-17063536 by KAWS, Inc.. Responses due by 11/27/2023 (Attachments: #1 Text of Proposed Order)(Baeza, Rossana) |
Filing 28 Clerks Receipt for Bond per order of the court (DE#15) received on 11/9/2023 in the amount of $ 5,000.00, receipt number FLS278051. (vt) |
Filing 27 NOTICE of Striking #24 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Katie Pearl Kavanaugh. filed by KAWS, Inc. by KAWS, Inc. (Baeza, Rossana) |
Filing 26 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. 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. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (hs01) |
Filing 25 Clerk's Notice to Filer re #24 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Katie Pearl Kavanaugh.. Document Filed Requires a Fee; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The Filer must file a Notice of Striking, then refile the document in the conventional paper format with the appropriate fee. (cds) |
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Deadline(s)/Hearing(s) terminated. (hs01) |
Filing 24 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Katie Pearl Kavanaugh. by KAWS, Inc.. Responses due by 11/17/2023 (Attachments: #1 Text of Proposed Order, #2 Exhibit)(cds) |
Filing 21 UNOPPOSED MOTION to Unseal Case by KAWS, Inc.. Responses due by 11/17/2023 (Attachments: #1 Text of Proposed Order)(cds) |
Filing 20 UNOPPOSED MOTION to Extend Preliminary Injunction Deadlines and Hearing by KAWS, Inc.. Responses due by 11/17/2023 (Attachments: #1 Text of Proposed Order)(cds) |
Filing 19 NOTICE of Attorney Appearance by Laselve Elijah Harrison on behalf of KAWS, Inc.. Attorney Laselve Elijah Harrison added to party KAWS, Inc. (pty:pla). (cds) |
Filing 18 NOTICE of Attorney Appearance by James W Lee on behalf of KAWS, Inc. (cds) |
Filing 17 Summons Issued as to Janis Berdigans, Printify, Inc.. (kpe) |
Filing 16 NOTICE of Filing Proposed Summons(es) by KAWS, Inc. (Attachments: #1 Proposed Summonses) (kpe) |
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Filing 14 NOTICE of Filing Amended Proposed Order to Show Cause for Preliminary Injunction and Temporary Restraining Order by KAWS, Inc. (Attachments: #1 Text of Proposed Order) (cds) |
Filing 13 Clerk's Notice to Filer re: Summons(es) will not be issued. Multiple parties cannot be listed on a single summons. One summons is required for each party. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached. (kpe) |
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Filing 10 Clerks Notice of Receipt of Filing Fee received on 10/24/2023 in the amount of $ 402.00, receipt number 277271. (kpe) |
Filing 9 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (kpe) |
Filing 8 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (kpe) |
Filing 7 MOTION to Exceed Page Limitation (Motion for Entry of Temporary Restraining Order) by Kaws, Inc.. (Attachments: #1 Text of Proposed Order)(kpe) |
Filing 6 DECLARATION of Katie Kavanaugh In Support of Plaintiff's Ex Parte Application for Entry of a Temporary Restraining Order and Asset Restraint, and Order for Expedited Discovery, and Order to Show Cause for a Preliminary Injunction by Kaws, Inc. (kpe) |
Filing 5 DECLARATION of Gen Watanabe by Kaws, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(kpe) |
Filing 4 EX PARTE MOTION for Temporary Restraining Order, Asset Restraint, Expedited Discovery, and an Order to Show Case why a Preliminary Injunction should not issue by Kaws, Inc. ( Responses due by 11/7/2023), ( Responses due by 11/7/2023), (Attachments: #1 Text of Proposed Order)(kpe) |
Filing 3 EX PARTE MOTION to File Entire Case Temporarily Under Seal by Kaws, Inc.. (Attachments: #1 Text of Proposed Order)(kpe) |
Filing 2 Judge Assignment to Judge Darrin P. Gayles (kpe) |
Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00, filed by Kaws, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Civil Cover Sheet, #12 Letter, #13 AO 451, #14 Summons)(kpe) |
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