On Clouds GmbH v. The Individuals, Business Entities, and Unincorporated Associations
| On Clouds GmbH |
| The Individuals, Business Entities, and Unincorporated Associations, on-cloudy.com, letfofact.life, usfashionbuy.com, reverieh.com, okdbest.com, topdteven.best, oncloudshoesforall.com and shuckson.com |
| 1:2024cv23061 |
| August 12, 2024 |
| US District Court for the Southern District of Florida |
| Jose E Martinez |
| Eduardo I Sanchez |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on September 16, 2024. A more recent docket listing may be available from PACER.
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Filing 36
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION re #33 Report and Recommendations, GRANTING #8 Ex Parte Motion,, filed by On Clouds GmbH ; Adopting #33 Report and Recommendations on #33 Report and Recommendations, #8 Ex Parte Motion,, filed by On Clouds GmbH. Certificate of Appealability: No Ruling Signed by Judge Jose E. Martinez on 9/12/2024. See attached document for full details. (nan)
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Filing 35
PAPERLESS ORDER granting #34 Motion to Extend Temporary Restraining Order. The #12 Temporary Restraining Order issued by this Court on August 15, 2024, is hereby extended, and shall remain in effect until this Court rules on the #33 Report and Recommendation issued by Magistrate Judge Sanchez,but the Temporary Restraining Order shall not be extended without further order for a period longer than twenty-eight (28) days from the date of this Order. Signed by Judge Jose E. Martinez on 9/9/2024. (jck)
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| Filing 34 Plaintiff's MOTION to Extend Temporary Restraining Order re #12 Order on Ex Parte Motion by On Clouds GmbH. (Attachments: #1 Text of Proposed Order)(Denzl, Mallory) |
| Filing 33 REPORT AND RECOMMENDATION re #8 Plaintiff's Motion for Preliminary Injunction, filed by On Clouds GmbH. Objections to R&R due by 12 noon on 9/12/2024. Signed by Magistrate Judge Eduardo I. Sanchez on 9/8/2024. See attached document for full details. (EIS) |
| Filing 32 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Eduardo I. Sanchez: Motion Hearing held on 9/6/2024 re #8 Plaintiff's Ex Parte Application for Entry of Preliminary Injunction filed by On Clouds GmbH. Order to follow. Total time in court: 8 minutes. Attorney Appearance: T. Raquel Wiborg-Rodriguez -Plaintiff's Counsel. (Digital 14:11:52) (kan) |
| Filing 31 Clerk's Notice of Docket Correction re 30 Minutes. Document Filed in Wrong Case; Docket text modified. Document refiled in correct case. (dgj) |
| Filing 30 ERROR - DOCKETED ON WRONG CASE (dgj) Modified on 9/6/2024 (dgj). |
| Filing 29 Plaintiff's NOTICE of E-mail Inquiries Received from Defendant Number 2 in Connection with Asset Restraint and Service by On Clouds GmbH (Attachments: #1 Exhibit 1 to the Notice of E-mail Inquiries Received from Defendant Number 2 in Connection with Asset Restraint and Service) (Denzl, Mallory) |
| Filing 28 CERTIFICATE OF SERVICE by On Clouds GmbH re #22 Order Setting Hearing on Motion, upon Defendants via website posting (Gaffigan, Stephen) |
| Filing 27 CERTIFICATE OF SERVICE by On Clouds GmbH re #22 Order Setting Hearing on Motion, upon Defendant via Registrar (Gaffigan, Stephen) |
| Filing 26 Plaintiff's NOTICE upon Defendants via Electronic Mail by On Clouds GmbH re #22 Order Setting Hearing on Motion, (Attachments: #1 Exhibit Certificate of Sevice) (Gaffigan, Stephen) |
| Filing 25 CERTIFICATE OF SERVICE by On Clouds GmbH re #19 Order on Motion to Unseal Document, #16 Plaintiff's EX PARTE MOTION for Extension of Time to Move to Unseal Schedule "A" and Add Defendants as Parties , 2 Clerks Notice of Judge Assignment, #12 Order on Ex Parte Motion, #18 Plaintiff's MOTION to Unseal Document Docket Entries 7-17, #15 Sealed Document, #5 Plaintiff's MOTION to Seal per Local Rule 5.4, #11 Sealed Document, #3 Form AO 120/121, 20 Notice of Compliance, 6 Order on Motion to Seal,, #9 Plaintiff's EX PARTE MOTION for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law in Support Thereof, #21 Amended Complaint/Amended Notice of Removal, #10 Order on Ex Parte Motion, #17 Order on Ex Parte Motion, #13 Sealed Order, #4 Certificate of Other Affiliates/Corporate Disclosure Statement, #8 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof, #1 Complaint, #7 Sealed Document, upon Defendants via website posting (Gaffigan, Stephen) |
| Filing 24 CERTIFICATE OF SERVICE by On Clouds GmbH re #21 Amended Complaint/Amended Notice of Removal, #12 Order on Ex Parte Motion, #18 Plaintiff's MOTION to Unseal Document Docket Entries 7-17, #8 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof, #1 Complaint, upon Defendant via Registrar (Gaffigan, Stephen) |
| Filing 23 Plaintiff's NOTICE upon Defendants via Electronic Mail by On Clouds GmbH re #12 Order on Ex Parte Motion, #18 Plaintiff's MOTION to Unseal Document Docket Entries 7-17, #21 Amended Complaint/Amended Notice of Removal, #8 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof, #1 Complaint, (Attachments: #1 Exhibit Certificate of Sevice) (Gaffigan, Stephen) |
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Filing 22
ORDER Setting Hearing on #8 Plaintiff's Ex Parte Application for Entry of Preliminary Injunction. Hearing (in-person) set for September 6, 2024, at 2:00 PM before Magistrate Judge Eduardo I. Sanchez on the 6th floor of the C. Clyde Atkins United States Courthouse, 301 North Miami Avenue in Miami, FL. Signed by Magistrate Judge Eduardo I. Sanchez on 8/27/2024. See attached document for full details. (spa)
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| Filing 21 AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants, filed by On Clouds GmbH. (Attachments: #1 Exhibit 1 to Amended Complaint - Certificates of Registration for the On Trademarks)(Gaffigan, Stephen) |
| Filing 20 NOTICE of Compliance re #19 Order on Motion to Unseal Document. (All docket entries Unsealed) (amb) |
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Filing 19
ORDER granting #18 Motion to Unseal Document Docket Entries 7-17. Signed by Judge Jose E. Martinez on 8/27/2024. See attached document for full details. (amb)
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| Filing 18 Plaintiff's MOTION to Unseal Document Docket Entries 7-17 by On Clouds GmbH. Responses due by 9/10/2024. (Attachments: #1 Text of Proposed Order)(Denzl, Mallory) |
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Filing 17
ORDER granting #16 Ex Parte Motion. Signed by Judge Jose E. Martinez on 8/22/2024. See attached document for full details. (amb) Modified to Unseal per DE #19 on 8/27/2024 (amb).
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| Filing 16 Plaintiff's EX PARTE MOTION for Extension of Time to Move to Unseal Schedule "A" and Add Defendants as Parties by On Clouds GmbH. (Attachments: #1 Declaration of Stephen M. Gaffigan in Support Thereof, #2 Text of Proposed Order) (Denzl, Mallory) Modified to Unseal per DE #19 on 8/27/2024 (amb). |
| Filing 15 Plaintiff's Notice of Filing Bond filed by On Clouds GmbH. (Attachments: #1 Bond on Injunction) (scn) Modified to Unseal per DE #19 on 8/27/2024 (amb). |
| Filing 14 Summons Issued as to oncloudshoesforall.com, and all other Defendants identified in Schedule "A" hereto re DE #11 . (amb) Text Modified on 8/16/2024 (amb). Modified to Unseal per DE #19 on 8/27/2024 (amb). |
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Filing 13
ORDER OF REFERENCE TO MAGISTRATE JUDGE. ORDER REFERRING CASE to Magistrate Judge Eduardo I. Sanchez for All matters relating to Plaintiff's motion for entry of preliminary injunction, (ECF No. 8). Signed by Judge Jose E. Martinez on 8/15/2024. (amb) Modified to Unseal per DE #19 on 8/27/2024 (amb).
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Filing 12
ORDER granting #8 Ex Parte Motion. Signed by Judge Jose E. Martinez on 8/15/2024. See attached document for full details. (amb) Modified to Unseal per DE #19 on 8/27/2024 (amb).
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| Filing 11 Proposed Summonses re DE# 6 Order on Motion to Seal,, by On Clouds GmbH. (Attachments: #1 Summon(s)) (Denzl, Mallory) Modified to Unseal per DE #19 on 8/27/2024 (amb). |
| Magistrate Judge Eduardo I. Sanchez added per DE #13 Order. (amb) Text Modified on 8/15/2024 (amb). Modified to Unseal per DE #19 on 8/27/2024 (amb). |
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Filing 10
ORDER granting #9 Ex Parte Motion. Signed by Judge Jose E. Martinez on 8/14/2024. See attached document for full details. (amb) Modified to Unseal per DE #19 on 8/27/2024 (amb).
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| Filing 9 Plaintiff's EX PARTE MOTION for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law in Support Thereof by On Clouds GmbH. (Attachments: #1 Declaration of Stephen M. Gaffigan in Support Thereof, #2 Exhibit 1 to the Declaration of Stephen M. Gaffigan, #3 Text of Proposed Order) (Denzl, Mallory) Modified to Unseal per DE #19 on 8/27/2024 (amb). |
| Filing 8 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof by On Clouds GmbH. (Attachments: #1 Declaration of Anna Jakobsson in Support Thereof, #2 Declaration of Stephen M. Gaffigan in Support Thereof, #3 Declaration of Kathleen Burns in Support Thereof, #4 Exhibit 1 to the Declaration of Kathleen Burns, #5 Text of Proposed Order) (Denzl, Mallory) Modified to Unseal per DE #19 on 8/27/2024 (amb). |
| Filing 7 Sealed Document re DE# 6 Order on Motion to Seal,, by On Clouds GmbH. (Attachments: #1 Schedule "A" to Plaintiff's Complaint for Damages and Injunctive Relief) (Denzl, Mallory) Modified to Unseal per DE #19 on 8/27/2024 (amb). |
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Filing 6
PAPERLESS ORDER granting #5 Motion to Seal. On or before Tuesday, August 20, 2024, Plaintiff may file its Schedule A and its proposed summonses under seal pending service and this Courts resolution of Plaintiff's requests for ex parte relief. Within seven days of this Court's ruling on Plaintiff's requests for ex parte relief, Plaintiff must (1) move to unseal Schedule A and (2) add all Defendants as parties through CM/ECF. The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE this case for statistical purposes pending service on Defendants. This shall not affect the Parties substantive rights. Signed by Judge Jose E. Martinez on 8/13/2024. (jck)
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| Civil Case Terminated per DE 6 Order. Administratively Closing Case. (amb) |
| Filing 5 Plaintiff's MOTION to Seal per Local Rule 5.4 by On Clouds GmbH. (Attachments: #1 Text of Proposed Order Granting Motion to Seal) (Denzl, Mallory) |
| Filing 4 Plaintiff's Corporate Disclosure Statement by On Clouds GmbH identifying Corporate Parent On Holding AG for On Clouds GmbH (Denzl, Mallory) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint, #2 Exhibits) (nan) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Eduardo I. Sanchez 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. (nan) |
| Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17749951, filed by On Clouds GmbH. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 to Complaint - Certificates of Registration for the On Trademarks)(Gaffigan, Stephen) |
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