Hershey Company et al v. Art Van Furniture, Inc Featured Case

Plaintiffs The Hershey Company and Hershey Chocolate & Confectionery Corporation alleged that Defendant Art Van Furniture, Inc. utilitized the Hershey's trade dress to advertise, sell and distribute its products. Specifically, Defendant allegedly used an image of chocolate-colored sofa partially wrapped like a Hershey bar in its advertisements.

Plaintiff: Hershey Company and Hershey Chocolate & Confectionery Corporation
Defendant: Art Van Furniture, Inc
Case Number: 2:2008cv14463
Filed: October 21, 2008
Court: US District Court for the Eastern District of Michigan
Office: Detroit Office
County: Wayne
Presiding Judge: Roberts
Presiding Judge: Scheer
Nature of Suit: Trademark
Cause of Action: 15:1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 14, 2009. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 14, 2009 Filing 21 CONSENT JUDGMENT Signed by District Judge Victoria A Roberts. (CPin)
December 9, 2008 Filing 20 NOTICE of Appearance by Jonathan G. Polak on behalf of Hershey Chocolate & Confectionery Corporation, Hershey Company. (Polak, Jonathan)
December 8, 2008 Filing 19 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Polak, Jonathan)
November 12, 2008 Filing 18 NOTICE TO APPEAR: Scheduling Conference set for 12/22/2008 03:00 PM before District Judge Victoria A Roberts See image for additional deadlines (CPin)
November 10, 2008 Filing 17 ANSWER to Complaint with Affirmative Defenses with Jury Demand by Art Van Furniture, Inc. (Wassom, Brian)
October 24, 2008 Opinion or Order Filing 16 ORDER Denying 4 Motion to Expedite Discovery. Signed by District Judge Victoria A Roberts. (LVer)
October 24, 2008 Opinion or Order Filing 15 ORDER Regarding 2 Motion for Preliminary Injunction. Signed by District Judge Victoria A Roberts. (LVer)
October 24, 2008 Filing 14 NOTICE of Appearance by Michael A. Lisi on behalf of Art Van Furniture, Inc. (Lisi, Michael)
October 24, 2008 Filing 13 NOTICE of Appearance by Brian D. Wassom on behalf of Art Van Furniture, Inc. (Wassom, Brian)
October 23, 2008 Minute Entry -Motion Hearing held on 10/23/2008 re 4 MOTION to Expedite Discovery filed by Hershey Company, 2 MOTION for Preliminary Injunction filed by Hershey Company before District Judge Victoria A Roberts. (Court Reporter Janice Coleman) (CPin)
October 23, 2008 Filing 12 ERRATA Sheet by Hershey Chocolate & Confectionery Corporation, Hershey Company To Its Motion for Temporary Restraining Order and Preliminary Injunction (Ortiz, Francis)
October 23, 2008 Filing 11 REPLY to Response re 2 MOTION for Preliminary Injunction and Plaintiffs' Emergency Motion for Temporary Restraining Order filed by Hershey Chocolate & Confectionery Corporation, Hershey Company. (Ortiz, Francis)
October 23, 2008 Filing 10 MOTION for Leave to File Excess Pages by Hershey Chocolate & Confectionery Corporation, Hershey Company. (Ortiz, Francis)
October 22, 2008 Filing 9 RESPONSE to 2 MOTION for Preliminary Injunction filed by Art Van Furniture, Inc. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Newberg, Amy)
October 22, 2008 Filing 8 CERTIFICATE of Service/Summons Returned Executed. Art Van Furniture, Inc served on 10/21/2008, answer due 11/10/2008. (Ortiz, Francis)
October 21, 2008 Opinion or Order Filing 7 ORDER. Signed by District Judge Victoria A Roberts. (LVer)
October 21, 2008 Filing 6 SUMMONS Issued for *Art Van Furniture, Inc* (LBeh)
October 21, 2008 FEE Received in the amount of $350.00 for Civil Filing by Hershey Chocolate & Confectionery Corporation, Hershey Company - Receipt No. 003300 [NO IMAGE UPLOADED]. (KByr)
October 21, 2008 Filing 5 Notice of Filing Fee Not Paid (LBeh)
October 21, 2008 Filing 4 MOTION to Expedite Discovery by Hershey Company. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Plaintiffs' proposed First Request for Production of Documents and Things to Defendant, # 3 Exhibit B - Plaintiffs' proposed First Interrogatories to Defendant, # 4 Exhibit C - Hershey's Notice of 30(b)(6) Deposition) (Ortiz, Francis)
October 21, 2008 Filing 3 Ex Parte MOTION for Leave to File Excess Pages by Hershey Company. (Ortiz, Francis)
October 21, 2008 Filing 2 MOTION for Preliminary Injunction by Hershey Company. (Ortiz, Francis)
October 21, 2008 Filing 1 COMPLAINT filed by Hershey Company et al against Art Van Furniture, Inc with Jury Demand. Plaintiff requests summons issued. Fee Required - Fee Not Paid. County of 1st Plaintiff: Out of State - County Where Action Arose: Out of County - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C) (Ortiz, Francis) Modified on 10/21/2008 (LBeh).

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Plaintiff: Hershey Company
Represented By: Francis R. Ortiz
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Plaintiff: Hershey Chocolate & Confectionery Corporation
Represented By: Francis R. Ortiz
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Defendant: Art Van Furniture, Inc
Represented By: Brian D. Wassom
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