Ecochem Australia Pty Ltd. v. CST Systems Inc.
| Ecochem Australia Pty Ltd. |
| CST Systems Inc. |
| Clean Print USA, LLC and Dicar Inc. |
| 1:2022cv04908 |
| December 13, 2022 |
| US District Court for the Northern District of Georgia |
| Thomas W Thrash |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
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Filing 37
SCHEDULING ORDER: re: #33 Joint Preliminary Report and Discovery Plan Amended Pleadings due by 3/8/2023. Discovery ends on 10/9/2023. Motions due by 11/13/2023. Proposed Pretrial Order due by 11/13/2023. Signed by Judge Thomas W. Thrash, Jr. on 2/10/2023. (dmb)
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Filing 36
CERTIFICATE OF SERVICE of Plaintiff's Initial Disclosures per L.R. 5.4 by Ecochem Australia Pty Ltd..(Kosma, Michael)
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Clerks Notation re #34 Certificate of Interested Persons/Corporate Disclosure Statement. Reviewed and approved by Judge Thrash. (jeh)
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Filing 35
CERTIFICATE OF SERVICE filed by CST Systems Inc. Local Rule 5.4, Defendant's Initial Disclosures (Munk, Peter)
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Filing 34
Certificate of Interested Persons and Corporate Disclosure Statement by Ecochem Australia Pty Ltd.. (Chichester, Gerald)
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Filing 33
JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Ecochem Australia Pty Ltd.. (Chichester, Gerald)
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Clerk's Certificate of Mailing as to Clean Print USA, LLC re #32 Order on Motion for Leave to File Matters Under Seal. (jkb)
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Filing 32
ORDER granting #31 Motion for Leave to File Matters Under Seal. Signed by Judge Thomas W. Thrash, Jr. on 02/06/2023. (jkb)
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Filing 31
MOTION for Leave to File Matters Under Seal re: #29 Response in Opposition to Motion, #30 Notice of Filing by CST Systems Inc.. (Attachments: #1 Exhibit 1 - Proposed Order)(Munk, Peter)
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Filing 30
SEALED NOTICE Of Filing Documents Under Seal by CST Systems Inc. re #29 Response in Opposition to Motion, (Attachments: #1 Exhibit A, #2 Exhibit B)(Munk, Peter) Modified on 2/6/2023 (jkb).
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Filing 29
RESPONSE in Opposition re #21 MOTION to Amend #20 Temporary Restraining Order,,,,,, filed by CST Systems Inc.. (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2 - Second Declaration of Reimund Brettschneider, #3 Exhibit 3 - Email from P. Munk to J. Holder dated January 17, 2023)(Munk, Peter)
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Filing 28
MOTION to Dismiss Counterclaims and Motion to Strike Affirmative Defenses with Brief In Support by Ecochem Australia Pty Ltd., Ecochem Australia Pty Ltd.. (Attachments: #1 Memorandum of Law in Support of Plaintiff's Motion to Dismiss Counterclaims and Motion to Strike Affirmative Defenses, #2 Text of Proposed Order)(Chichester, Gerald)
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Clerk's Certificate of Mailing as to Clean Print USA, LLC re #27 Order on Motion for Extension of Time. (jkb)
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Filing 27
ORDER granting #25 Joint MOTION for Extension of Time for Plaintiff to Respond to Counterclaims and for Defendant to Respond to Motion to Amend Temporary Restraining Order. Plaintiff Ecochem Australia Pty Ltd. shall have until 02/03/2023, to answer or otherwise respond to Defendant CST Systems, Inc.'s Answer, Affirmative Defenses and Counterclaims. Defendant CST Systems, Inc. shall have until 02/03/2023 to oppose Plaintiff Ecochem Australia Pty Ltd.'s Motion to Amend Temporary Restraining Order. Signed by Judge Thomas W. Thrash, Jr. on 02/01/2023. (jkb)
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Filing 26
TRANSCRIPT of a temporary restraining order hearing held on 1/12/2023, before Judge Thomas W. Thrash, Jr. Court Reporter/Transcriber Diane Peede, Diane_Peede@GAND.uscourts.gov. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/21/2023. Redacted Transcript Deadline set for 3/3/2023. Release of Transcript Restriction set for 5/1/2023. (Attachments: #1 Appendix) (dcp)
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Filing 25
Joint MOTION for Extension of Time for Plaintiff to Respond to Counterclaims and for Defendant to Respond to Motion to Amend Temporary Restraining Order re: #21 MOTION to Amend #20 Temporary Restraining Order,,,,,, , #12 Answer to Complaint,, Counterclaim, by Ecochem Australia Pty Ltd.. (Attachments: #1 Text of Proposed Order)(Kosma, Michael)
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TRO Bond Paid: $ 200,000, receipt number 100001205 (dmb)
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Filing 24
Electronic Summons Issued as to Clean Print USA, LLC. (jkb)
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Filing 23
Electronic Summons Issued as to Dicar Inc. (jkb)
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Filing 22
THIRD PARTY COMPLAINT against Clean Print USA, LLC, Dicar Inc. with Jury Demand filed by CST Systems Inc.. (Attachments: #1 Summons - Third-Party Defendant Clean Print USA, LLC, #2 Summons - Third-Party Defendant Dicar Inc.)(Munk, Peter) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
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Filing 21
MOTION to Amend #20 Temporary Restraining Order,,,,,, by Ecochem Australia Pty Ltd.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion and Amending Language to Include Bond Requirement)(Chichester, Gerald)
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Filing 20
TEMPORARY RESTRAINING ORDER - CST Systems, Inc. is ENJOINED from directly or indirectly, alone or in association with or on behalf of any other person or entity from competing with Ecochem's business for a period of three (3) years following January 1, 2023, which includes: a. Owning, maintaining, engaging in, lending money to, extending credit to, having any interest in, or being employed as an officer, director, executive, principal, or consultant of any other business that sells, markets, installs, distributes, or services any product that is competitive with those sold by Ecochem; b. Inducing, encouraging, or soliciting any of Ecochem's employees, distributors, or actual or prospective customers to avoid, terminate, restrict or curtail any actual or prospective business relationship, with whom CST had material contact since 2022; and c. Marketing, offering for sale, selling, providing, or distributing any product, service or process that: (a) of the same general type as, (b) performs similar functions as, (c) is used for the same purpose as, or (d) competes for the same customers with, any of the products, services, systems, or processes that Ecochem researched, designed, developed, marketed, or sold since 2020. 2. CST is ENJOINED from using any of Plaintiff's trademarks; 3. It is further ordered that the bond requirement is waived; and 4. This preliminary injunction shall take effect immediately and shall remain in effect pending resolution of the merits of this case or further order of this Court. Signed by Judge Thomas W. Thrash, Jr. on 1/12/23. (rsg)
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Filing 19
Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr.: Granting #2 Motion for TRO; Motion Hearing held on 1/12/2023 re #2 MOTION for Temporary Restraining Order filed by Ecochem Australia Pty Ltd. Oral Argument. Written Order to follow. Plaintiff's are required to post a cash or Corporate Security Bond in the amount of $200,000.00 within fourteen (14) days of the date of this hearing. (Court Reporter Diane Peede)(rsg)
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Filing 18
AFFIDAVIT in Support re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED Corrected Attachments filed by Ecochem Australia Pty Ltd.. (Attachments: #1 Exhibit Exhibit G - Email Correspondence from May 1-3, 2016, #2 Exhibit Exhibit H - Redlined Non-Exclusive Distribution Agreement, #3 Exhibit Exhibit I - Email Correspondence from November 5-7, 2022, #4 Exhibit Exhibit J - Email Correspondence from July 20, 2020, #5 Exhibit Exhibit K - Email Correspondence from August 26, 2022)(Chichester, Gerald)
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Filing 17
AFFIDAVIT in Support re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Ecochem Australia Pty Ltd.. (Attachments: #1 Exhibit Exhibit G - Email Correspondence from May 1-3, 2016, #2 Exhibit Exhibit H - Redlined Non-Exclusive Distribution Agreement, #3 Exhibit Exhibit I - Email Correspondence from November 5-7, 2022, #4 Exhibit Exhibit J - Email Correspondence from July 20, 2020, #5 Exhibit Exhibit K - Email Correspondence from August 26, 2022)(Chichester, Gerald)
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Filing 16
REPLY BRIEF re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Ecochem Australia Pty Ltd.. (Chichester, Gerald)
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Clerks Notation re #13 Certificate of Interested Persons. Reviewed and approved by Judge Thrash. (jeh)
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Filing 15
RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED Corrected filed by CST Systems Inc.. (Attachments: #1 Exhibit 1 - Declaration of Reimund Brettschneider)(Munk, Peter)
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Filing 14
RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by CST Systems Inc.. (Attachments: #1 Exhibit 1 - Declaration of Reimund Brettschneider)(Munk, Peter)
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Filing 13
Certificate of Interested Persons by CST Systems Inc.. (Munk, Peter)
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Filing 12
ANSWER to #1 COMPLAINT with Jury Demand ( Discovery ends on 6/8/2023.), COUNTERCLAIM against Ecochem Australia Pty Ltd. with Jury Demand by CST Systems Inc.. (Attachments: #1 Exhibit 1 - Non-Exclusive Distribution Agreement, #2 Exhibit 2 - Renewal Agreement)(Munk, Peter) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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Clerks Approval re #8 Application for Refund of Fees paid online. (mec)
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Notification of Docket Correction re Notice of Hearing on Motion. Corrected hearing date. (jeh)
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Refund in the amount of $402.00 has been processed, effective 12/21/2022 in response to Clerks Action on Application for Refund of Fees paid online. (kns)
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NOTICE of Hearing on Motion re: #2 MOTION for Temporary Restraining Order. Motion Hearing set for 1/12/2023 at 10:00 AM in ATLA Courtroom 2108 before Judge Thomas W. Thrash Jr. (jeh) Modified on 12/21/2022 to edit hearing information (jeh).
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Filing 11
Return of Service Executed by Ecochem Australia Pty Ltd.. CST Systems Inc. served on 12/19/2022, answer due 1/9/2023. (Chichester, Gerald)
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Filing 10
ORDER granting #7 Application for Admission Pro Hac Vice for Michael J. Kosma. Signed by Judge Thomas W. Thrash, Jr. on 12/19/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(dmb)
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Filing 9
ORDER granting #5 Application for Admission Pro Hac Vice for Robert D. Keeler. Signed by Judge Thomas W. Thrash, Jr. on 12/19/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(dmb)
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APPROVAL by Clerks Office re: #5 APPLICATION for Admission of Robert D. Keeler Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12257839). Attorney Robert D. Keeler added appearing on behalf of Ecochem Australia Pty Ltd. (pdt)
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APPROVAL by Clerks Office re: #7 APPLICATION for Admission of Michael J. Kosma Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12257856). Attorney Michael J. Kosma added appearing on behalf of Ecochem Australia Pty Ltd. (pdt)
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Filing 8
Application for Refund of Fees paid online through Pay.gov for receipt number AGANDC-12254400. (Chichester, Gerald)
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Filing 7
APPLICATION for Admission of Michael J. Kosma Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12257856).by Ecochem Australia Pty Ltd.. (Chichester, Gerald) Documents for this entry are not available for viewing outside the courthouse.
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Filing 6
AO Form 120 forwarded to Commissioner. (aaq)
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Filing 5
APPLICATION for Admission of Robert D. Keeler Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12257839).by Ecochem Australia Pty Ltd.. (Chichester, Gerald) Documents for this entry are not available for viewing outside the courthouse.
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Filing 4
PROPOSED AO 120 . (Chichester, Gerald)
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Filing 3
Electronic Summons Issued as to CST Systems Inc.. (rsg)
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Filing 2
MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED with Brief In Support by Ecochem Australia Pty Ltd.. (Attachments: #1 Brief in Support of Motion for TRO and Preliminary Injunction, #2 Exhibit Declaration of G Literski, #3 Exhibit Ex A to Literski Declaration, #4 Exhibit Ex B to Literski Declaration, #5 xhibit Ex C to Literski Declaration, #6 Exhibit Ex D to Literski Declaration, #7 Exhibit Ex E to Literski Declaration, #8 Exhibit Ex F To Literski Declaration, #9 Text of Proposed Order)(rsg)
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Filing 1
COMPLAINT with Jury Demand filed by Ecochem Australia Pty Ltd.. (Filing fee $402.00, receipt number AGANDC-12254436) (Attachments: #1 Exhibit A, #2 Exhibit Ex B, #3 Civil Cover Sheet)(rsg) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
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Notice of deficiency re AO Form 120. Plaintiff must complete and file AO Form 120. See LR 3.4 and LPR 1.4. Docket the form using the event AO 120, located in the Other Filings/Other Documents menu. (rsg)
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Submission of #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED, to District Judge Thomas W. Thrash Jr.. (rsg)
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