Maker's Mark Distillery, Inc. v. Spalding Group, Inc. et al
Plaintiff: Maker's Mark Distillery, Inc.
Defendant: Theodore Jackson, Jr., Ted's Cigars and Spalding Group, Inc.
Case Number: 3:2019cv00014
Filed: January 8, 2019
Court: US District Court for the Western District of Kentucky
Presiding Judge: Lanny King
Referring Judge: Joseph H McKinley
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2019 Filing 21 ANSWER to #1 Complaint, , Amended COUNTERCLAIM against Theodore Jackson, Jr, Ted's Cigars, Spalding Group, Inc. by Theodore Jackson, Jr, Ted's Cigars, Spalding Group, Inc.. (Attachments: #1 Exhibit 1 - Spirits Beer and Wine Red Wax Examples, #2 Exhibit 2 - Other Products Red Wax Examples, #3 Exhibit 3 - Hand-Dipping Product Examples, #4 Exhibit 4 - Non-Red Dripping Wax Examples, #5 Exhibit 5 - Agreement signed 12-01-1996, #6 Exhibit 6 - Ted's Connecticut, #7 Exhibit 7 - Teds Cigars (Rhum), #8 Exhibit 8 - Teds Maduro Cigars, #9 Exhibit 9 - Teds Cigars Co-Branding (Bourbon Cigars), #10 Exhibit 10 - Licensing Agreement (4-21-10) and Ltr dated 4-22-10, #11 Exhibit 11 - Gurkha Grand Reserve, #12 Exhibit 12 - Gurkha Private Select, #13 Exhibit 13 - Gurkha Bourbon Collection Blk Wax, #14 Exhibit 14 - Leira Cigars, #15 Exhibit 15 - Ted's Bourbon Cigars w-o MM Logos July 2016, #16 Exhibit 16 - The Bourbon Cigar, #17 Exhibit 17 - Beam Suntory Purchase Order (Nov 2016), #18 Exhibit 18 - Elizabeth Osei Purchase Invoice of cigars, #19 Exhibit 19 - Patrick Radke Purchase Invoice of cigars, #20 Exhibit 20 - Bourbon Cigar - Volare, #21 Exhibit 21 - Evening of Bourbon and Cigars May 3rd (Poster), #22 Exhibit 22 - Maker's Mark E-mail dated 11-20-17, #23 Exhibit 23 - Ted's Shipping Order to MM, #24 Exhibit 24 - Invoice 7-3-18 and Emails dated 6-4-18 to 11-20-17, #25 Exhibit 25 - Diageo Complaint, #26 Exhibit 26 - Makers Mark Rojena lawsuit Sept 10, 2009, #27 Exhibit 27 - Makers Mark Dismissal Rojena Order, #28 Exhibit 28 - Rojena Cancellation Petition TTAB, #29 Exhibit 29 - Diageo Cancellation petition TTAB, #30 Exhibit 30 - Diageo Heyburn Opinion dated April 2, 2010, #31 Exhibit 31 - Makers Mark Surrender of 813 Trademark, #32 Exhibit 32 - R.Samuels email to T.Jackson 4-17-17, #33 Exhibit 33 - T.Jackson email to R.Samuels 4-17-17, #34 Exhibit 34 - June 21, 2017 Spingola Ltr to Jackson, #35 Exhibit 35 - June 27, 2017 Ltr from Murrell to Spingola) (Gray, Elisabeth)
March 1, 2019 Opinion or Order Filing 20 SECOND AGREED ORDER by Magistrate Judge Lanny King on 3/1/2019: Plaintiff shall have to and including 3/18/2019 to file an answer, motion, or other responsive filing to the Counterclaim filed by Defendants; Defendants, who waived service of process, shall have to and including 3/18/2019 to file an answer, motion, or other responsive filing to the Complaint filed by Plaintiff. cc: counsel (JM)
February 28, 2019 Filing 19 Proposed Agreed Order/Stipulation by Maker's Mark Distillery, Inc.. (Hardin, Chadler)
February 19, 2019 Filing 18 NOTICE of Appearance by Elizabeth A. Deener on behalf of Theodore Jackson, Jr, Spalding Group, Inc., Ted's Cigars (Deener, Elizabeth)
January 25, 2019 Opinion or Order Filing 17 AGREED ORDER by Magistrate Judge Lanny King on 1/25/19: Plaintiff shall have to and including 3/11/2019 to file an answer, motion, or other responsive filing to the Counterclaim filed by Defendants; IT IS FURTHER ORDERED that Defendants, who waived service of process, shall have to and including 3/11/2019 to file an answer, motion, or other responsive filing to the Complaint filed by Plaintiff. cc:counsel (DJT)
January 23, 2019 Filing 16 Proposed Agreed Order/Stipulation by Maker's Mark Distillery, Inc.. (Schaefer, Christopher)
January 15, 2019 Opinion or Order Filing 15 ORDER Signed by Magistrate Judge Lanny King on 1/14/2019 granting #10 Motion for attorney John M. Owen to Appear Pro Hac Vice. cc: Counsel(JM)
January 15, 2019 Opinion or Order Filing 14 ORDER Signed by Magistrate Judge Lanny King on 1/14/2019 granting #11 Motion for Attorney Peter M. Spingola to Appear Pro Hac Vice. cc: Counsel(JM)
January 15, 2019 Opinion or Order Filing 13 ORDER Signed by Magistrate Judge Lanny King on 1/14/2019 granting #12 Motion for Attorney Shannon T. Knight to Appear Pro Hac Vice. cc: Counsel(JM)
January 11, 2019 Filing 12 MOTION to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2782993. by Plaintiff Maker's Mark Distillery, Inc. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Proposed Order) (Hardin, Chadler)
January 11, 2019 Filing 11 MOTION for Peter M. Spingola to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2782987. by Plaintiff Maker's Mark Distillery, Inc. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Proposed Order) (Hardin, Chadler)
January 11, 2019 Filing 10 MOTION for John M. Owen to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2782931. by Plaintiff Maker's Mark Distillery, Inc. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Proposed Order) (Hardin, Chadler)
January 8, 2019 Filing 9 Corporate Disclosure Statement identifying Corporate Parent Spalding Group, Inc. for Spalding Group, Inc., Spalding Group, Inc., Ted's Cigars, Ted's Cigars. by Spalding Group, Inc., Ted's Cigars. (Gray, Elisabeth)
January 8, 2019 Filing 8 COUNTERCLAIM of Spalding Group, Inc. and Ted's Cigars against Maker's Mark Distillery, Inc., filed by Ted's Cigars, Spalding Group, Inc.. (Attachments: #1 Exhibit 01 - Agreement Signed 12-01-96, #2 Exhibit 02 - Ted's Cigars Website Pics, #3 Exhibit 03 - Ted's Cigars (Rhum), #4 Exhibit 04 - Ted's Made By Hand, #5 Exhibit 05 - Ted's Cigars Co-Branding, #6 Exhibit 06 - Licensing Agreement and 4-22-10 Ltr, #7 Exhibit 07 - Gurkha Grand Reserve, #8 Exhibit 08 - Gurkha Private Select, #9 Exhibit 09 - Gurkha Bourbon Collection Churchill, #10 Exhibit 10 - Leira Cigars, #11 Exhibit 11 - Celebrating 10 Yrs - Bourbon Cigar, #12 Exhibit 12 - The Bourbon Cigar, #13 Exhibit 13 - D.Boelcher Purchase Invoice of Cigars, #14 Exhibit 14 - E.Osei Purchase Invoice of Cigars, #15 Exhibit 15 - P.Redke Purchase Invoice of Cigars, #16 Exhibit 16 - Bourbon Cigar - Volare, #17 Exhibit 17 - Evening of Bourbon and Cigars May 3, #18 Exhibit 18 - Abernathy Email dated 11-20-17, #19 Exhibit 19 - Shipping Info, #20 Exhibit 20 - Invoice 7-3-18 and Email to L.Bianconcini 6-4-18, #21 Exhibit 21 - Diageo Complaint, #22 Exhibit 22 - New Maker's Mark Rojena Lawsuit, #23 Exhibit 23 - Maker's Mark Dismissal Rojena Order, #24 Exhibit 24 - Rojena Cancellation Petition TTAB, #25 Exhibit 25 - Diageo Cancellation Petition TTAB, #26 Exhibit 26 - Diageo Heyburn Opinion 4-2-10, #27 Exhibit 27 - Maker's Mark Surrender of 813 Trademark, #28 Exhibit 28 - R.Samuels email to T.Jackson 4-17-17, #29 Exhibit 29 - T.Jackson email to R.Samuels 4-17-17, #30 Exhibit 30 - Spingola Ltr 6-21-17 to Jackson, #31 Exhibit 31 - Murrell Ltr 6-27-17 to Spingola) (Gray, Elisabeth)
January 8, 2019 Filing 7 NOTICE of Appearance by Elisabeth S. Gray on behalf of Theodore Jackson, Jr, Spalding Group, Inc., Ted's Cigars (Gray, Elisabeth)
January 8, 2019 Filing 6 NOTICE of Filing or Determination re:Patent or Trademark re #1 Complaint, (RLJ)
January 8, 2019 Opinion or Order Filing 5 TEXT ORDER by Judge Joseph H. McKinley, Jr. on 1/8/2019. This action is hereby REFERRED to the Honorable Lanny King, United States Magistrate Judge, for determination of non-dispositive matters pursuant to Title 28, U.S.C. 636(b)(1)(A). Said Magistrate is empowered to conduct any hearings necessary for their resolution. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (RLJ)
January 8, 2019 Filing 4 Corporate Disclosure Statement identifying Corporate Parent Beam Suntory Inc., Corporate Parent Suntory Holdings Limited for Maker's Mark Distillery, Inc.. (RLJ)
January 8, 2019 Filing 3 Summons Issued as to All Defendants. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (Attachments: #1 Summons Theodore Jackson) (RLJ)
January 8, 2019 Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Joseph H. Mckinley, Jr.. (RLJ)
January 8, 2019 Filing 1 COMPLAINT against All Defendants Filing fee $ 400, receipt number 0644-2780155., filed by Maker's Mark Distillery, Inc.. (Attachments: #1 Cover Sheet, #2 Exhibit 192 Trademark registration, #3 Exhibit 465 Trademark registration, #4 Exhibit 2003 Licensing Agreement, #5 Exhibit 2010 License Agreement) (RLJ)

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Plaintiff: Maker's Mark Distillery, Inc.
Represented By: Christopher E. Schaefer
Represented By: Douglas C. Ballantine
Represented By: Chadler M. Hardin
Represented By: Peter Michael Spingola
Represented By: Shannon Therese Knight
Represented By: John Montgomery Owen
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Defendant: Theodore Jackson, Jr.
Represented By: Elisabeth S. Gray
Represented By: Dennis D. Murrell
Represented By: Elizabeth A. Deener
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Defendant: Ted's Cigars
Represented By: Elisabeth S. Gray
Represented By: Dennis D. Murrell
Represented By: Elizabeth A. Deener
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Defendant: Spalding Group, Inc.
Represented By: Elisabeth S. Gray
Represented By: Dennis D. Murrell
Represented By: Elizabeth A. Deener
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