BASKIN-ROBBINS FRANCHISING LLC et al v. BLU MOO ICE CREAM INC. et al
Plaintiff: BASKIN-ROBBINS FRANCHISING LLC and BR IP HOLDER LLC
Defendant: BLU MOO ICE CREAM INC. and ROBERT HOLOCHER
Case Number: 1:2024cv00293
Filed: February 14, 2024
Court: US District Court for the Southern District of Indiana
Presiding Judge: James R Sweeney
Referring Judge: Crystal S Wildeman
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1051 Trademark Infringement
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 28, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 12, 2024 Opinion or Order Filing 19 ORDER TO SHOW CAUSE. IT IS THEREFORE ORDERED that Defendants Blu Moo Ice Cream Inc. and Robert Holocher are hereby ORDERED to show good cause, if any, in writing, for their failure to appear at the April 12, 2024, status conference. Additionally, Defendants' Response to the Order to Show Cause, any Answer to Complaint, and any Response to Motion for Preliminary Injunction are due to be filed no later than April 22, 2024. If no good cause is shown by that date, or if Defendants fail to respond to the Complaint and Motion for Preliminary Injunction, the Magistrate Judge may recommend sanctions against the Defendant up to and including the preliminary relief sought by Plaintiffs and default judgment. IT IS FURTHER ORDERED that Plaintiffs' counsel shall serve a copy of this order on Defendants in accordance with Fed. R. Civ. P. 5 and file an affidavit of service evidencing the same. Signed by Magistrate Judge Crystal S. Wildeman on 4/12/2024.(TMB)
April 12, 2024 Opinion or Order Filing 18 MINUTE ORDER for proceedings held before Magistrate Judge Crystal S. Wildeman: Status Conference held on 4/12/2024. Plaintiffs were represented by Attorneys Justin Sorrell and Matthew Kramer. Defendants failed to appear. An Order to Show Cause for Defendants' failure to appear shall issue by separate entry. No further orders are entered at this time. Signed by Magistrate Judge Crystal S. Wildeman. (TMB)
April 11, 2024 Filing 17 NOTICE of Service of Scheduling Order and Call In Information, filed by Plaintiffs BASKIN-ROBBINS FRANCHISING LLC, BR IP HOLDER LLC, re 16 Notice of Conference Call Information (Case participants - entry), #15 Scheduling Order. (Attachments: #1 Exhibit A- 2024-04-10 Tracking for UPS delivery of Order Setting 04-12 Hearing and instructions, #2 Exhibit B- 2024-04-11 Affidavit of Service of Order Setting 04-12 Hearing & instructions to Blu Moo Ice Cream, #3 Exhibit C- 2024-04-11 Affidavit of Service of Order Setting 04-12 Hearing & instructions to Holocher) (Sorrell, Justin)
April 9, 2024 Opinion or Order Filing 15 SCHEDULING ORDER: Telephonic Status Conference set for 4/12/2024 at 11:00 AM (Eastern Time) before Magistrate Judge Crystal S. Wildeman. The purpose of this conference is to discuss setting a briefing schedule for Plaintiffs' Motion for Preliminary Injunction (Dkt. No. #11 ). The information needed by parties to participate in this telephone conference will be provided by a separate notification. Plaintiffs' counsel is DIRECTED to serve a copy of this order along with the Notice of Teleconference Call-in Information to Defendants' Counsel and file a notice of that service in the case. Signed by Magistrate Judge Crystal S. Wildeman on 4/9/2024.(TMB)
March 27, 2024 Filing 14 RETURN of Service, filed by BASKIN-ROBBINS FRANCHISING LLC, BR IP HOLDER LLC. (Sorrell, Justin)
March 25, 2024 Filing 13 EXHIBIT in Support of Motion re #11 MOTION for Preliminary Injunction Declaration of Ensminger, filed by Plaintiffs BASKIN-ROBBINS FRANCHISING LLC, BR IP HOLDER LLC. (Attachments: #1 Exhibit A to Dec. Franchise Agr, #2 Exhibit B to Dec. 6.27.23 correspondence, #3 Exhibit C to Dec. 8.4.23 correspondence, #4 Exhibit D to Dec. 8.25.23 correspondence, #5 Exhibit E to Dec. 12.27.23 correspondence, #6 Exhibit F to Dec. Fisher Dec with photos, #7 Exhibit G to Dec. trademarks)(Sorrell, Justin)
March 25, 2024 Filing 12 BRIEF/MEMORANDUM in Support re #11 MOTION for Preliminary Injunction , filed by Plaintiffs BASKIN-ROBBINS FRANCHISING LLC, BR IP HOLDER LLC. (Sorrell, Justin)
March 25, 2024 Filing 11 MOTION for Preliminary Injunction , filed by Plaintiffs BASKIN-ROBBINS FRANCHISING LLC, BR IP HOLDER LLC. (Sorrell, Justin)
March 15, 2024 Filing 10 RETURN of Service, filed by BASKIN-ROBBINS FRANCHISING LLC, BR IP HOLDER LLC. BLU MOO ICE CREAM INC. served on 3/13/2024; ROBERT HOLOCHER served on 3/13/2024. (Attachments: #1 Exhibit A- Affidavit of Service of Summons to Blu Moo Ice Cream, #2 Exhibit B- Affidavit of Service of Summons to Robert Holocher, Individually)(Sorrell, Justin)
March 1, 2024 Opinion or Order Filing 9 ORDER granting #8 Motion to Appear pro hac vice. Attorney Matthew J. Kramer for BASKIN-ROBBINS FRANCHISING LLC,Matthew J. Kramer for BR IP HOLDER LLC added. The Court FURTHER ORDERS that Matthew J. Kramer must complete the process and procedure for pro hac vice admission in PACER, which includes requesting access to the courts Electronic Case Filing System (ECF), in accordance with Local Rule 83-6(b), by March 15, 2024. Failure to comply could result in the revocation of her admission pro hac vice. See Order. Signed by Magistrate Judge Crystal S. Wildeman on 3/1/2024. Copy mailed per Distribution list. (LF)
February 29, 2024 Filing 8 MOTION for Attorney(s) Matthew J. Kramer to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8050330), filed by Plaintiffs BASKIN-ROBBINS FRANCHISING LLC, BR IP HOLDER LLC. (Attachments: #1 Exhibit A- Certification of Matthew Kramer in Support of Motion to Appear PHV, #2 Text of Proposed Order Proposed Order Granting Kramer's Motion to Appear PHV)(Sorrell, Justin)
February 15, 2024 Filing 7 NOTICE of Initial Filing in lawsuit sent to Director of U.S. Patent and Trademark Office. (TPS)
February 15, 2024 Filing 6 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (AJG)
February 15, 2024 Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AJG)
February 15, 2024 Filing 4 Summons Issued as to BLU MOO ICE CREAM INC., ROBERT HOLOCHER. (AJG)
February 14, 2024 Filing 3 Rule 7.1 Disclosure Statement by BASKIN-ROBBINS FRANCHISING LLC, BR IP HOLDER LLC identifying Corporate Parent DB Franchising Holding Company LLC, Corporate Parent DB MASTER FINANCE LLC, Corporate Parent DB MASTER FINANCE PARENT LLC, Corporate Parent BASKIN-ROBBINS INTERNATIONAL LLC, Corporate Parent BASKIN-ROBBINS USA LLC, Corporate Parent DUNKIN' DONUTS LLC, Corporate Parent DUNKIN' BRANDS, INC. for BASKIN-ROBBINS FRANCHISING LLC; Corporate Parent DB MASTER FINANCE LLC, Corporate Parent DB MASTER FINANCE PARENT LLC, Corporate Parent BASKIN-ROBBINS INTERNATIONAL LLC, Corporate Parent BASKIN-ROBBINS USA LLC, Corporate Parent DUNKIN' DONUTS LLC, Corporate Parent DUNKIN' BRANDS, INC. for BR IP HOLDER LLC.. (Sorrell, Justin)
February 14, 2024 Filing 2 NOTICE of Appearance by Justin Owen Sorrell on behalf of Plaintiffs BASKIN-ROBBINS FRANCHISING LLC, BR IP HOLDER LLC. (Sorrell, Justin)
February 14, 2024 Filing 1 COMPLAINT for Damages and Injunctive Relief against BLU MOO ICE CREAM INC., ROBERT HOLOCHER, filed by BASKIN-ROBBINS FRANCHISING LLC, BR IP HOLDER LLC. (Filing fee $405, receipt number AINSDC-8028643) (Attachments: #1 Exhibit A- Greenwood Franchise Agreement, #2 Exhibit B- Indianapolis Franchise Agreement, #3 Exhibit C- 06-27-23 Termination Notice, #4 Exhibit D- 08-04-23 Cease and Desist Letter to Defendants, #5 Exhibit E- 08-25-23 Cease and Desist Letter, #6 Exhibit F- 12-27-23 Cease and Desist Letter from Kramer, #7 Civil Cover Sheet Signed Civil Cover Sheet, #8 Proposed Summons Summonses to Defendants)(Sorrell, Justin)

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Plaintiff: BASKIN-ROBBINS FRANCHISING LLC
Represented By: Justin Owen Sorrell
Represented By: Matthew J. Kramer
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Plaintiff: BR IP HOLDER LLC
Represented By: Justin Owen Sorrell
Represented By: Matthew J. Kramer
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Defendant: BLU MOO ICE CREAM INC.
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Defendant: ROBERT HOLOCHER
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