VIRTUE PAINTBALL LLC v. MESSER et al
| VIRTUE PAINTBALL LLC |
| ROBERT BRETT MESSER, BLACK ZEBRA STUDIOS and JOHN DOES 1 - 10 |
| 2:2024cv00029 |
| January 31, 2024 |
| US District Court for the District of Maine |
| NANCY TORRESEN |
| KAREN FRINK WOLF |
| JOHN A WOODCOCK |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
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Filing 38
ORDER of Permanent Injunction on Consent and Final Judgment granting #37 Joint MOTION for Judgment and Permanent Injunction. By JUDGE NANCY TORRESEN. (slg)
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| Filing 37 Joint MOTION for Judgment and Permanent Injunction by VIRTUE PAINTBALL LLC Responses due by 4/11/2024. (Attachments: #1 A - Proposed Order of Permanent Injunction)(NOONAN, KYLE) |
| Filing 36 NOTICE of Settlement by VIRTUE PAINTBALL LLC (NOONAN, KYLE) |
| Set Deadlines: Stipulation of Dismissal due by 4/15/2024. (slg) |
| Filing 35 Court Witness List from Evidentiary Hearing re ECF No. 6 held on 2/29/24. (slg) |
| Filing 34 Court Exhibit List from Evidentiary Hearing re ECF No. 6 held on 2/29/24 (Exhibits listed on the Court Exhibit List are not remotely electronically available). (slg) |
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Filing 33
ORDER granting #6 Motion for Preliminary Injunction. Defendants, their officers, agents, servants, employees, and all persons that are in active concert or participation with any of them, who receive actual notice of the Order, are ENJOINED from creating, developing, designing, writing software code for, marketing, advertising, promoting, distributing, disseminating, offering for sale or selling, or in any other way becoming involved with a videogame or related goods or services bearing the trademark VIRTUA, or bearing any other mark likely to be confused or associated with Plaintiffs federally registered trademark VIRTUE or with Plaintiff Virtue. By JUDGE NANCY TORRESEN. (slg)
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| Filing 32 Minute Entry for proceedings held before JUDGE NANCY TORRESEN: Motion Hearing held re #6 MOTION for Preliminary Injunction filed by VIRTUE PAINTBALL LLC. (Court Reporter: Tammy Martell) (slg) |
| Filing 31 NOTICE of Appearance by JOHN A. WOODCOCK, III on behalf of All Defendants (WOODCOCK, JOHN) |
| Filing 30 NOTICE of Docket Entry Modification regarding 29 Order on Motion To Allow Witness to Testify via Zoom Videoconference at PI Hrg. Modified by the Clerk's Office to correct title of motion. (slg) |
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Filing 29
ORDER granting #28 To Allow Witness to Testify via Zoom Videoconference at PI Hrg By JUDGE NANCY TORRESEN. (slg) Modified on 2/28/2024 to correct title of motion (slg).
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| Filing 28 MOTION To Allow Witness to Testify via Zoom Videoconference at PI Hrg by VIRTUE PAINTBALL LLC Responses due by 3/20/2024. (NOONAN, KYLE) |
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Filing 27
ORDER denying #21 Motion to Cancel or Postpone Preliminary Injunction Hearing By JUDGE NANCY TORRESEN. (jad)
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| Filing 26 REPLY to Response to Motion re #6 MOTION for Preliminary Injunction and RESPONSE to Motion re #21 MOTION to Cancel or Postpone Preliminary Injunction Hearing filed by VIRTUE PAINTBALL LLC. (Attachments: #1 Text of Proposed Order Entering Preliminary Injunction)(NOONAN, KYLE) Modified on 2/23/2024 to indicate this is also a response to motion #21 (jwr). |
| Filing 25 NOTICE of Docket Entry Modification regarding #24 Response to Objection: Modified on 2/23/2024 by the Clerk's Office to add filed in error notation-this filing is to be re-filed at the request of the Clerk's office using correct filing event (Response to Motion). (clp) |
| Filing 24 **FILED IN ERROR**RESPONSE to #21 MOTION Cancel or Postpone Preliminary Injunction Hearing , #6 MOTION for Preliminary Injunction filed by VIRTUE PAINTBALL LLC. (Attachments: #1 Text of Proposed Order Proposed Order Entering Preliminary Injunction)(NOONAN, KYLE) Modified on 2/23/2024 to add filed in error notation-to be re-filed at the request of the Clerk's office using correct filing event (clp). |
| Reset Deadlines as to #6 MOTION for Preliminary Injunction per directive of U.S. District Judge Nancy Torresen: Full Reply in opposition due by 2/27/2024. (jad) Modified on 2/23/2024 to indicate full reply (jad). |
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Filing 23
ORDER granting #20 Motion for Extension of Time to Answer By JUDGE NANCY TORRESEN. (jad)
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| Reset Answer Deadline for ROBERT BRETT MESSER, BLACK ZEBRA STUDIOS per Order 23: Answer due by 3/14/2024. (jad) |
| Filing 22 RESPONSE in Opposition re #6 MOTION for Preliminary Injunction filed by BLACK ZEBRA STUDIOS, ROBERT BRETT MESSER. Reply due by 3/7/2024. (WENNBERG, ROSALIE) |
| Filing 21 MOTION Cancel or Postpone Preliminary Injunction Hearing by BLACK ZEBRA STUDIOS, ROBERT BRETT MESSER Responses due by 3/14/2024. (Attachments: #1 Declaration of Robert Messer)(WENNBERG, ROSALIE) |
| Filing 20 Unopposed MOTION to Extend Time to File Answer by BLACK ZEBRA STUDIOS, ROBERT BRETT MESSER Responses due by 3/14/2024. (WENNBERG, ROSALIE) |
| Filing 19 NOTICE of Hearing on Motion #6 MOTION for Preliminary Injunction: Evidentiary Hearing set for 2/29/2024 09:00 AM in Portland Courtroom 2 before JUDGE NANCY TORRESEN. (slg) |
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Filing 18
ORAL ORDER granting 17 Motion to Seal ECF No. 9 for the reasons stated on the record. By JUDGE NANCY TORRESEN. (slg)
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| Filing 17 (Document sealed from public view) MOTION to Seal ECF No. 9 by BLACK ZEBRA STUDIOS, ROBERT BRETT MESSER (slg) |
| Filing 16 Minute Entry for proceedings held before JUDGE NANCY TORRESEN: Telephone Conference held. (Court Reporter: Tammy Martell) (slg) |
| Filing 15 RULE 7.1 DISCLOSURE STATEMENT by BLACK ZEBRA STUDIOS, JOHN DOES 1 - 10, ROBERT BRETT MESSER. (WENNBERG, ROSALIE) |
| Filing 14 CERTIFICATION for Admission Pro Hac Vice of Edward J. Sackman filed by ROSALIE WENNBERG on behalf of All Defendants (Total admission fee $ 100 receipt number AMEDC-2912304.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (WENNBERG, ROSALIE) |
| Filing 13 NOTICE of Appearance by ROSALIE WENNBERG on behalf of All Defendants (WENNBERG, ROSALIE) |
| Filing 12 NOTICE of Hearing: Telephone Conference set for 2/14/2024 11:00 AM before JUDGE NANCY TORRESEN. All participants have been provided with the call-in information.(slg) |
| Filing 11 CERTIFICATION for Admission Pro Hac Vice of Maria A. Savio and Patrick B. Monahan filed by KYLE M. NOONAN on behalf of VIRTUE PAINTBALL LLC (Total admission fee $ 200 receipt number AMEDC-2911737.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: #1 P.Monahan pro hac vice certificate)(NOONAN, KYLE) |
| Set Deadlines: Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorneys PATRICK B. MONAHAN and MARIA A. SAVIO must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 2/15/2024. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (slg) |
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Filing 10
ORDER OF RECUSAL. JUDGE JOHN A. WOODCOCK, JR recused. Case reassigned to JUDGE NANCY TORRESEN for all further proceedings By JUDGE JOHN A. WOODCOCK, JR. (jad)
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| Filing 8 SUMMONS Returned Executed by VIRTUE PAINTBALL LLC. BLACK ZEBRA STUDIOS served on 2/1/2024. (NOONAN, KYLE) |
| Filing 7 SUMMONS Returned Executed by VIRTUE PAINTBALL LLC. ROBERT BRETT MESSER served on 2/1/2024. (NOONAN, KYLE) |
| Set Answer Deadline for ROBERT BRETT MESSER, BLACK ZEBRA STUDIOS per executed summons 7, 8: Answer due by 2/22/2024. (jad) |
| Filing 5 AO FORM 120: REPORT on the Filing or Determination of an Action Regarding a Patent or Trademark (cjd) |
| Filing 4 Summonses Issued as to BLACK ZEBRA STUDIOS, ROBERT BRETT MESSER. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: #1 Summons to Black Zebra Studios)(cjd) |
| Filing Fee Paid via Credit Card ( Filing fee $ 405 receipt number AMEDC-2908322.), filed by VIRTUE PAINTBALL LLC.(NOONAN, KYLE) |
| Filing 6 MOTION for Preliminary Injunction by VIRTUE PAINTBALL LLC (cjd) |
| Filing 3 RULE 7.1 DISCLOSURE STATEMENT by VIRTUE PAINTBALL LLC. (cjd) |
| Filing 2 CIVIL COVER SHEET. (cjd) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by VIRTUE PAINTBALL LLC. (Service of Process Deadline 4/30/2024) Fee due by 2/2/2024. (Attachments: #1 Exhibit A Trademark, #2 Cover letter to court)(cjd) |
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