Tommy's Destiny, Inc. et al v. Fury Asian Foods, Inc.
Tommy's Destiny, Inc. and Poppy, Inc. |
Fury Asian Foods, Inc. |
2:2022cv00087 |
July 5, 2022 |
US District Court for the Eastern District of Kentucky |
Edward B Atkins |
William O Bertelsman |
David L Bunning |
Trademark |
15 U.S.C. § 1051 Trademark Infringement |
Both |
Docket Report
This docket was last retrieved on September 2, 2022. A more recent docket listing may be available from PACER.
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Filing 34 JOINT REPORT of Rule 26(f) Planning Meeting. (Bahorik, Zachary) |
***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #34 Joint Report of Rule 26(f) Planning Meeting. (SLG) |
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***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #32 Proposed Agreed Order Regarding Motion for Temporary Restraining Order and Preliminary Injunction by Poppy, Inc., Tommy's Destiny, Inc. (SLG) |
Filing 32 Proposed Agreed Order re #8 Regarding Motion for Temporary Restraining Order and Preliminary Injunction by Poppy, Inc., Tommy's Destiny, Inc.. (Bahorik, Zachary) Modified on 8/15/2022 (SLG). |
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BAR STATUS Check completed as to John F. Bennett re #30 MOTION for John F. Bennett to Appear Pro Hac Vice by Poppy, Inc., Tommy's Destiny, Inc. ( Filing fee $125; receipt number AKYEDC-5336094). (SLG) |
***MOTION SUBMITTED TO CHAMBERS of Edward B. Atkins for review: re #30 MOTION for John F. Bennett to Appear Pro Hac Vice by Poppy, Inc., Tommy's Destiny, Inc. ( Filing fee $125; receipt number AKYEDC-5336094). (SLG) |
NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to John F. Bennett: re #31 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to John F. Bennett (SLG) |
Filing 30 MOTION for John F. Bennett to Appear Pro Hac Vice by Poppy, Inc., Tommy's Destiny, Inc. ( Filing fee $125; receipt number AKYEDC-5336094)Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit A-Affidavit of John F. Bennett, #2 Proposed Order)(Bahorik, Zachary) (Additional attachment(s) added on 8/12/2022: #3 Exhibit B-Certificate of Good Standing) (SLG). Modified on 8/12/2022 (SLG). |
***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #26 Answer to Complaint with Jury Demand by Fury Asian Foods, Inc. (SLG) |
Filing 29 RESPONSE in Opposition re #8 MOTION for Temporary Restraining Order by Poppy, Inc., Tommy's Destiny, Inc. and Preliminary Injunction filed by Fury Asian Foods, Inc.. (Attachments: #1 Exhibit Declaration)(Morgan, Michael) |
Filing 28 MINUTE ENTRY ORDER FOR TELEPHONIC CONFERENCE held on 8/3/2022 before Judge David L. Bunning: The Court's previous briefing and hearing schedule, as outlined in its July 20 Order #19 remains in effect. Signed by David L. Bunning. (SLG)cc: COR |
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Filing 26 ANSWER to #1 Complaint,,,,, with Jury Demand by Fury Asian Foods, Inc..(Morgan, Michael) |
***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #25 Notice of Settlement, #24 Notice (ECO) |
Filing 25 NOTICE of Settlement (Plaintiffs' Notice Regarding Settlement) by Poppy, Inc., Tommy's Destiny, Inc. (Attachments: #1 Exhibit Exhibit 1 - Joint Notice Regarding Settlement)(Bahorik, Zachary) |
Filing 24 NOTICE by Fury Asian Foods, Inc. re #19 Status Conference; Set Motion and R&R Deadlines/Hearings; Set Hearings (Attachments: #1 Exhibit-Certificate of Assumed Name )(Morgan, Michael) Modified text on 8/1/2022 (ECO). |
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NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Jocelyn C. Smith: re #20 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Jocelyn C. Smith (SLG) |
***MOTION SUBMITTED TO CHAMBERS of Edward B. Atkins for review: re #22 Proposed Agreed Order for Extension of Time to Answer Plaintiff's Complaint by Fury Asian Foods, Inc. (SLG) |
Filing 22 Proposed Agreed Order for Extension of Time to Answer Plaintiff's Complaint by Fury Asian Foods, Inc. (Morgan, Michael) Modified on 7/25/2022 (SLG). |
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Filing 19 MINUTE ENTRY ORDER FOR TELEPHONIC STATUS CONFERENCE held on 7/20/2022, before Judge David L. Bunning: (1) The parties shall meet and confer as to the possibility of settlement, and file a Notice on the outcome of those discussions on or before Friday, July 29, 2022; (2) If the parties are unable to resolve the matter, Defendant shall file a Response to the Plaintiffs' Motion #8 on or before Wednesday, August 3, 2022; (3) Any Reply by Plaintiffs shall be filed on or before Friday, August 12, 2022; and (4) The matter is scheduled for an Evidentiary Hearing/Oral Argument on the pending motion on Thursday, 8/18/2022 10:00 AM in Covington, with one (1)hour being reserved for presentation of proof and argument by each party. (Court Reporter Lisa Wiesman.) Signed by David L. Bunning. (SLG)cc: COR,COV Diary and Jocelyn Smith and Paul Linden by US Mail |
Filing 18 CORPORATE FRCP 7.1 DISCLOSURE STATEMENT by Fury Asian Foods, Inc.. (Morgan, Michael) |
Filing 17 NOTICE OF APPEARANCE by Fury Asian Foods, Inc.. (Morgan, Michael) |
Filing 16 NOTICE OF APPEARANCE by Fury Asian Foods, Inc.. (Craft, Brent) |
BAR STATUS Check completed as to Paul Jason Linden re #14 MOTION for Paul J. Linden to Appear Pro Hac Vice by Poppy, Inc., Tommy's Destiny, Inc. ( Filing fee $125; receipt number AKYEDC-5310867). (ECO) |
***MOTION SUBMITTED TO CHAMBERS of Edward B. Atkins for review: re #14 MOTION for Paul J. Linden to Appear Pro Hac Vice by Poppy, Inc., Tommy's Destiny, Inc. ( Filing fee $125; receipt number AKYEDC-5310867), #15 MOTION for Jocelyn C. Smith to Appear Pro Hac Vice by Poppy, Inc., Tommy's Destiny, Inc. ( Filing fee $125; receipt number AKYEDC-5310904) (ECO) |
Filing 15 MOTION for Jocelyn C. Smith to Appear Pro Hac Vice by Poppy, Inc., Tommy's Destiny, Inc. ( Filing fee $125; receipt number AKYEDC-5310904)Motions referred to Edward B. Atkins. (Attachments: #1 Affidavit Jocelyn C. Smith, #2 Proposed Order Jocelyn C. Smith)(Bahorik, Zachary) |
Filing 14 MOTION for Paul J. Linden to Appear Pro Hac Vice by Poppy, Inc., Tommy's Destiny, Inc. ( Filing fee $125; receipt number AKYEDC-5310867)Motions referred to Edward B. Atkins. (Attachments: #1 Affidavit Paul J. Linden, #2 Proposed Order Paul J. Linden)(Bahorik, Zachary) |
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Filing 12 AFFIDAVIT of Service for Complaint and Motion for Temporary Restraining Order and Preliminary Injunction to Morgan Smith Porter, PLLC c/o Michael J. Morgan, Esq. served on 1 on 07/06/2022, filed by Poppy, Inc., Tommy's Destiny, Inc.. (Bahorik, Zachary) |
Clerk's Note: Attorneys contacted chambers to advise the Court that the re #9 Proposed Agreed Order was labeled incorrectly. Clerk edited the docket entry to take out "Agreed" per Chambers. (ECO) |
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***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #8 MOTION for Temporary Restraining Order by Poppy, Inc., Tommy's Destiny, Inc. and Preliminary Injunction, #9 Proposed Agreed Order Granting Temporary Restraining Order and Preliminary Injunction by Poppy, Inc., Tommy's Destiny, Inc. (ECO) |
Filing 9 Proposed Order Granting Temporary Restraining Order and Preliminary Injunction re: #8 Motion for Temporary Restraining Order and Preliminary Injunction by Poppy, Inc., Tommy's Destiny, Inc. (Bahorik, Zachary) Modified text on 7/7/2022 (ECO). Modified text on 7/11/2022 (ECO). |
Filing 8 MOTION for Temporary Restraining Order by Poppy, Inc., Tommy's Destiny, Inc. and Preliminary Injunction (Bahorik, Zachary) (Additional attachment(s) added on 7/8/2022: #1 Proposed Agreed Order) (ECO). |
Filing 7 CORPORATE FRCP 7.1 DISCLOSURE STATEMENT for Poppy, Inc. by Poppy, Inc., Tommy's Destiny, Inc.. (Bahorik, Zachary) |
Filing 6 CORPORATE FRCP 7.1 DISCLOSURE STATEMENT for Poppy, Inc. by Poppy, Inc., Tommy's Destiny, Inc.. (Bahorik, Zachary) |
Filing 5 CORPORATE FRCP 7.1 DISCLOSURE STATEMENT for Plaintiff Tommy's Destiny, Inc. by Poppy, Inc., Tommy's Destiny, Inc.. (Bahorik, Zachary) |
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Filing 3 Summons Issued as to Fury Asian Foods, Inc. ; Summons issued and returned to counsel electronically (ECO) |
Filing 1 VERIFIED COMPLAINT ( Filing fee $402; receipt number AKYEDC-5304352), filed by Tommy's Destiny, Inc., Poppy, Inc.. (Attachments: #1 Exhibit A-Sakura meaning, #2 Exhibit B-Saku meaning, #3 Exhibit C-Sakura Japanese Steakhouse Google Search, #4 Exhibit D-Ads in Prestige Living Magazine, #5 Exhibit E-Facebook advertisements, #6 Exhibit F-www.sakuracincy.com website, #7 Exhibit G-directions from Hollywood casino to Sakura Lawrenceburg, #8 Exhibit H-Leisure Group Travel-Dearborn County, #9 Exhibit I-Selected pages of reservation books (redacted), #10 Exhibit J-Fury Asian Foods corporate information, #11 Exhibit K-Defendant's Kentucky assumed name Saku Japanese Steakhouse, #12 Exhibit L-Defendant's Kentucky assumed name Saku Japanese Steadhouse, #13 Exhibit M-Link N.KY Article, #14 Exhibit N-Indeed job posting, #15 Exhibit O-Facebook Post with Pic(redacted), #16 Exhibit P-Cease and Desist letter-April 2,2022, #17 Exhibit Q-Response to Cease and Desist Letter April 14, 2022, #18 Exhibit S-Google Search(Sakura +Ft. Thomas, #19 Civil Cover Sheet, #20 Proposed Order, #21 Summons to Fury Asian Foods, Inc.)(ECO) (Additional attachment(s) added on 7/6/2022: #22 Exhibit R-Photos of Defendant's Business May 26, 2022) (ECO). |
Conflict Check run. (ECO) |
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