Fantastic Sams Franchise Corp. v. Talukders, Inc., et al.
| Fantastic Sams Franchise Corporation |
| Mrinmoyee Talukder, Talukder1, LLC, Shantanu Talukder, Michelle Scott, Paula Gomez and Talukders Inc. |
| 1:2019cv11369 |
| June 20, 2019 |
| US District Court for the District of Massachusetts |
| Patti B Saris |
| Trademark |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Filing 19 Chief Judge Patti B. Saris: ORDER OF ADMINISTRATIVE STAY entered. It is hereby ORDERED that the above-entitled action is stayed administratively without prejudice to the right of any party to restore it to the active docket pending resolution of the parallel Arbitration Proceedings. (Lara, Miguel) |
| Filing 18 NOTICE of Withdrawal of Appearance by Thomas A. Mountain (Mountain, Thomas) |
| Filing 17 Chief Judge Patti B. Saris: MEMORANDUM AND ORDER entered. For the foregoing reasons, the Court ALLOWS Fantastic Sams' motion for a preliminary injunction (Dkt. No. #3 ). Defendants are hereby enjoined from: Using any of Fantastic Sams' trademarks, tradenames, service marks, or logos, or any other trademarks, tradenames, service marks, or logos that are confusingly similar to those marks; Infringing upon Fantastic Sams' trademarks, tradenames, service marks, or logos, or using any similar designation, alone or in combination with any other components; Passing off any products or services as those of authorized Fantastic Sams franchisees or as genuine Fantastic Sams products or services; Causing a likelihood of confusion or misunderstanding as to the source or sponsorship of their business, products, or services; and Causing a likelihood of confusion or misunderstanding as to their affiliation, connection, or association with Fantastic Sams, or with any of its products or services. Defendants are further required to comply with the post-termination covenants in the franchise agreements that require the Franchisees to de-identify as Fantastic Sams franchises by ceasing to use the Fantastic Sams' trademarks, tradenames, service marks, or logos and ceasing to offer and sell Fantastic Sams products. SO ORDERED. (Pacho, Arnold) |
| Filing 16 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: NO ONE APPEARS FOR THE DEFENSE...Motion Hearing held on 7/24/2019 re #3 MOTION for Preliminary Injunction filed by Fantastic Sams Franchise Corporation. All matters taken under advisement, court adjourned. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) |
| Filing 15 AFFIDAVIT of Thomas A. Mountain by Fantastic Sams Franchise Corporation. (Mountain, Thomas) |
| Filing 14 DECLARATION re #3 MOTION for Preliminary Injunction by Fantastic Sams Franchise Corporation. (Mountain, Thomas) (Main Document 14 replaced on 7/19/2019) NEF regenerated as original filing was inaccessible. (Lara, Miguel). (Main Document 14 replaced on 7/19/2019) (Lara, Miguel). |
| Filing 13 STIPULATION of Dismissal as to Defendant Michelle Scott Only by Fantastic Sams Franchise Corporation. (Mountain, Thomas) |
| Filing 12 ELECTRONIC NOTICE Setting Hearing on #3 MOTION for Preliminary Injunction : Motion Hearing set for 7/24/2019 02:30 PM in Courtroom 19 before Chief Judge Patti B. Saris. (Lara, Miguel) |
| Filing 11 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting #8 Motion for Leave to Appear Pro Hac Vice Added Fredric A. Cohen and Aaron-Michael Sapp. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lara, Miguel) |
| Filing 10 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Attachments: #1 Exhibit Form AO 120_2 of 2)(Mountain, Thomas) |
| Filing 9 ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Report on Filing or Determination Re: Patent or Trademark AO 120. The form can be found on the court's website under Resources/Forms/Local Forms. Counsel will use the event under Civil Events - Other Filings - Other Documents - Report on the Filing of Patent/Trademark Case. (DeMaria, Timothy) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice for admission of Fredric A. Cohen, Aaron-Michael Sapp Filing fee: $ 200, receipt number 0101-7743795 by Fantastic Sams Franchise Corporation. (Attachments: #1 Exhibit Rule 83.5.3 Certification of Fredric A. Cohen, #2 Exhibit Rule 83.5.3 Certification of Aaron-Michael Sapp)(Mountain, Thomas) |
| Filing 7 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (DeMaria, Timothy) |
| Filing 6 ELECTRONIC NOTICE of Case Assignment. Chief Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) |
| Filing 5 NOTICE of Appearance by Thomas A. Mountain on behalf of Fantastic Sams Franchise Corporation (Mountain, Thomas) |
| Filing 4 MEMORANDUM in Support re #3 MOTION for Preliminary Injunction and Specific Performance filed by Fantastic Sams Franchise Corporation. (Coughlin, Emily) |
| Filing 3 MOTION for Preliminary Injunction by Fantastic Sams Franchise Corporation. (Attachments: #1 Affidavit Declaration of Tiffany Hassell and Exhibits, #2 Affidavit Declaration of Kathy Speidel and exhibits, #3 Affidavit Declaration of David Holley and Exhibits)(Coughlin, Emily) |
Filing 2
General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (DeMaria, Timothy)
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| Filing 1 COMPLAINT for Injunctive Relief against All Defendants Filing fee: $ 400, receipt number 0101-7742733 (Fee Status: Filing Fee paid), filed by Fantastic Sams Franchise Corporation. (Attachments: #1 Civil Cover Sheet, #2 Local Category Form) (Coughlin, Emily) |
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