Overjet, Inc. v. VideaHealth, Inc.
| Overjet, Inc. |
| VideaHealth, Inc. |
| 1:2024cv10446 |
| February 23, 2024 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 22, 2024. A more recent docket listing may be available from PACER.
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| Filing 42 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #41 Motion for Extension of Time to May 7, 2024 to File Response as to #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Set Briefing Schedule in connection with Defendant's Partial Motion to Dismiss. (Folan, Karen) |
| Filing 41 Joint MOTION for Extension of Time to May 7, 2024 to File Response/Reply as to #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Set Briefing Schedule in connection with Defendant's Partial Motion to Dismiss by Overjet, Inc..(Sternberg, Sharona) |
| Filing 39 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #https://www.mad.uscourts.gov/caseinfo/transcripts.htm (McDonagh, Christina) |
| Filing 38 Transcript of Motion Hearing held on April 11, 2024, before Judge Allison D. Burroughs. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com. Redaction Request due 5/3/2024. Redacted Transcript Deadline set for 5/13/2024. Release of Transcript Restriction set for 7/11/2024. (McDonagh, Christina) (Main Document 38 replaced on 4/15/2024) (McDonagh, Christina). |
| Filing 40 Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Motion Hearing held on 4/11/2024 re #8 MOTION for Preliminary Injunction filed by Overjet, Inc. Oral argument by the parties. Court takes motion under advisement. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Sternberg, Kaviar, Soule, Blaker, Hughes) (Folan, Karen) |
| Filing 37 MEMORANDUM in Support re #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by VideaHealth, Inc.. (Hughes, Brendan) |
| Filing 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by VideaHealth, Inc..(Hughes, Brendan) |
| Filing 35 DECLARATION re #34 Sur-Reply to Motion for Preliminary Injunction by VideaHealth, Inc.. (Attachments: #1 Exhibit Exhibit 10, #2 Exhibit Exhibit 11, #3 Exhibit Exhibit 12, #4 Exhibit Exhibit 13)(Blaker, Kayla) |
| Filing 34 SUR-REPLY to Motion re #8 MOTION for Preliminary Injunction filed by VideaHealth, Inc.. (Hughes, Brendan) |
| Filing 33 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #32 Motion for Leave to File Surreply in Opposition to Plaintiff's Motion for a Preliminary Injunction ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Filing 32 MOTION for Leave to File Surreply in Opposition to Plaintiff's Motion for a Preliminary Injunction by VideaHealth, Inc.. (Attachments: #1 Exhibit [PROPOSED] Surreply in response to Plaintiff Overjet, #2 Exhibit [PROPOSED] Kayla E. Blaker Declaration in support of Surreply with exhibits 10-13)(Hughes, Brendan) |
| Filing 31 DECLARATION re #29 Reply to Response to Motion Second Declaration of Eric G. J. Kaviar by Overjet, Inc.. (Attachments: #1 Exhibit 39, #2 Exhibit 40, #3 Exhibit 41, #4 Exhibit 42, #5 Exhibit 43, #6 Exhibit 44, #7 Exhibit 45, #8 Exhibit 46, #9 Exhibit 47, #10 Exhibit 48, #11 Exhibit 49, #12 Exhibit 50, #13 Exhibit 51, #14 Exhibit 52)(Kaviar, Eric) |
| Filing 30 DECLARATION re #29 Reply to Response to Motion Second Declaration of Wardah Inam, Ph.D. by Overjet, Inc.. (Kaviar, Eric) |
| Filing 29 First REPLY to Response to #8 MOTION for Preliminary Injunction filed by Overjet, Inc.. (Kaviar, Eric) |
| Filing 28 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #27 Motion for Leave to File Reply in Support of Overjet's Motion for a Preliminary Injunction ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Filing 27 First MOTION for Leave to File Reply in Support of Overjet's Motion for a Preliminary Injunction by Overjet, Inc.. (Attachments: #1 Appendix [Proposed] Reply in Support of Overjet's Motion for a Preliminary Injunction, #2 Appendix [Proposed] Second Declaration of Wardah Inam, Ph.D., #3 Appendix [Proposed] Second Declaration of Eric Kaviar and Exhibits 39-52)(Kaviar, Eric) |
| Filing 26 Judge Allison D. Burroughs: ELECTRONIC ORDER entered GRANTING MOTION to Continue Hearing on Overjets Motion for a Preliminary Injunction to April 11, 2024 filed by Overjet, Inc. Hearing on #8 Motion for Preliminary Injunction reset for 4/11/2024 10:00 AM in Courtroom 17 (In person only) before Judge Allison D. Burroughs.(McManus, Caetlin) |
| Filing 25 MOTION to Continue Hearing on Overjets Motion for a Preliminary Injunction to April 11, 2024 by Overjet, Inc..(Sternberg, Sharona) |
| Filing 24 ELECTRONIC NOTICE Setting Hearing on Motion #8 MOTION for Preliminary Injunction : Motion Hearing set for 3/28/2024 10:00 AM in Courtroom 17 (In person only) before Judge Allison D. Burroughs. (Folan, Karen) |
| Filing 23 DECLARATION re #22 Memorandum in Opposition to Motion by VideaHealth, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Blaker, Kayla) |
| Filing 22 MEMORANDUM in Opposition re #8 MOTION for Preliminary Injunction filed by VideaHealth, Inc.. (Attachments: #1 Affidavit /Declaration of Florian Hillen, #2 Affidavit /Declaration of Ben Clemens)(Hughes, Brendan) |
| Filing 21 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #19 Motion for Leave to Appear Pro Hac Vice Added Brendan J. Hughes, Samuel K. Whitt and Kayla E. Blaker. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McManus, Caetlin) |
| Filing 20 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #18 Consent MOTION for Extension of Time to April 9, 2024 to File Answer re #1 Complaint, granting Consent MOTION for Extension of Time to March 19, 2024 to File Response/Reply as to #8 MOTION for Preliminary Injunction (Folan, Karen) |
| Filing 19 MOTION for Leave to Appear Pro Hac Vice for admission of Brendan J. Hughes, Samuel K. Whitt, and Kayla E. Blaker Filing fee: $ 375, receipt number AMADC-10296956 by VideaHealth, Inc.. (Attachments: #1 Certification of Brendan J. Hughes in Support, #2 Certification of Samuel K. Whitt in Support, #3 Certification of Kayla E. Blaker in Support)(Smith, Stephen) |
| Filing 18 Consent MOTION for Extension of Time to April 9, 2024 to File Answer re #1 Complaint, , Consent MOTION for Extension of Time to March 19, 2024 to File Response/Reply as to #8 MOTION for Preliminary Injunction ( Responses due by 3/15/2024) by VideaHealth, Inc..(Smith, Stephen) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT by VideaHealth, Inc.. (Smith, Stephen) |
| Filing 16 NOTICE of Appearance by Stephen R. Smith on behalf of VideaHealth, Inc. (Smith, Stephen) |
| Filing 15 SUMMONS Returned Executed VideaHealth, Inc. served on 2/27/2024, answer due 3/19/2024. (Soule, Katherine) |
| Filing 14 Summons Issued as to VideaHealth, Inc.. 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. (Horvath, Courtney) |
| Filing 13 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 Donald L. Cabell. (Cook, Savannah) |
| Filing 12 NOTICE of Appearance by Katherine W. Soule on behalf of Overjet, Inc. (Soule, Katherine) |
| Filing 11 DECLARATION re #9 Memorandum in Support of Motion for Preliminary Injunction by Overjet, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38)(Kaviar, Eric) |
| Filing 10 DECLARATION re #9 Memorandum in Support of Motion for Preliminary Injunction by Overjet, Inc.. (Kaviar, Eric) |
| Filing 9 MEMORANDUM in Support re #8 MOTION for Preliminary Injunction filed by Overjet, Inc.. (Kaviar, Eric) |
| Filing 8 MOTION for Preliminary Injunction by Overjet, Inc..(Kaviar, Eric) |
| Filing 7 NOTICE of Appearance by Eric G.J. Kaviar on behalf of Overjet, Inc. (Kaviar, Eric) |
| Filing 6 NOTICE of Appearance by Sharona H. Sternberg on behalf of Overjet, Inc. (Sternberg, Sharona) |
| Filing 5 REPORT on the filing/termination of copyright case . (Sternberg, Sharona) (Main Document 5 replaced on 2/26/2024) (McManus, Caetlin). |
| Filing 4 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Sternberg, Sharona) (Main Document 4 replaced on 2/26/2024) (McManus, Caetlin). |
| Filing 3 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Sternberg, Sharona) (Main Document 3 replaced on 2/26/2024) (McManus, Caetlin). |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Overjet, Inc.. (Sternberg, Sharona) |
| Filing 1 COMPLAINT against VideaHealth, Inc. Filing fee: $ 405, receipt number AMADC-10284738 (Fee Status: Filing Fee paid), filed by Overjet, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Appendix A, #7 Civil Cover Sheet, #8 Category Form)(Sternberg, Sharona). |
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