Breeze Smoke LLC v. Trucenta Holdings LLC
| Breeze Smoke LLC |
| Trucenta Holdings LLC |
| 3:2021cv11835 |
| August 6, 2021 |
| US District Court for the Eastern District of Michigan |
| Robert H Cleland |
| Curtis Ivy |
| Trademark |
| 15 U.S.C. § 1125 |
| Both |
Docket Report
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| Filing 19 AMENDED ANSWER to Complaint with Affirmative Defenses with Jury Demand , COUNTERCLAIM filed by Trucenta Holdings LLC against Breeze Smoke LLC by Trucenta Holdings LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A USPTO Record Showing Breeze (Stylized) Registration No. 6,296,004, #3 Exhibit B USPTO Record Showing Breeze Registration No. 6,296,005, #4 Exhibit C USPTO Record Showing Breeze Application No. 90/256,675, #5 Exhibit D USPTO Record Showing Breeze Application No. 90/292,552, #6 Exhibit E USPTO Record Showing Breeze (Stylized) Application No. 90/292,558, #7 Exhibit F USPTO Record Showing Breeze (Stylized) Application No. 90/292,568, #8 Exhibit G - USPTO Record Showing Breeze Application No. 90/292,573, #9 Exhibit H - USPTO Record Showing Breeze (Stylized) Application No. 90/292,579, #10 Exhibit I - USPTO Record Showing Breeze Application No. 90/292,582, #11 Exhibit J Michigan Trademark Registration No. 802511553, #12 Exhibit K - Michigan Trademark Registration No. 802511431, #13 Exhibit L Screen Captures from Breeze Smokes website, #14 Exhibit M Overview of FDA, #15 Exhibit N Breeze Smokes Answer in TTAB Proceeding) (Hoffmann, Richard) |
| Filing 18 ANSWER to #10 Answer to Complaint,,,,, Counterclaim,,,, (Plaintiff Breeze Smoke LLC's Answer and Affirmative Defenses to Defendant Trucenta Holdings LLC's Counterclaims) by Breeze Smoke LLC. (Hyde, Mary) |
| Minute Entry for in-person proceedings before District Judge Robert H. Cleland: Status Conference held on 9/22/2021. Scheduling Order to be issued. (Court Reporter: None Present, Not on the Record) (LWag) |
| Filing 17 REPLY to Response re #7 MOTION for Preliminary Injunction filed by Breeze Smoke LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Hyde, Mary) |
| Filing 16 NOTICE TO APPEAR IN PERSON: Status Conference set for 9/22/2021 02:00 PM before District Judge Robert H. Cleland (LWag) |
| Filing 15 NOTICE of Appearance by Paul R. Hoffer on behalf of Trucenta Holdings LLC. (Hoffer, Paul) |
| Filing 14 DECLARATION by Richard W. Hoffmann filed by Trucenta Holdings LLC (Hoffmann, Richard) |
| Filing 13 DECLARATION by Nowfal Akash re #12 Response to Motion filed by Trucenta Holdings LLC (Attachments: #1 Index of Exhibits, #2 Exhibit A Screenshots from Trucentas Instagram Account, #3 Exhibit B Photograph of Breeze Branded CBD Product, #4 Exhibit C Screenshots of Text Messages, #5 Exhibit D Flyer-Cannabis Industry Summit, #6 Exhibit E Email string, #7 Exhibit F USPTO Record Showing Breeze (Stylized) Registration No. 6,296,004, #8 Exhibit G - USPTO Record Showing Breeze Registration No. 6,296,005, #9 Exhibit H - USPTO Record Showing Breeze Application No. 90/256,675, #10 Exhibit I - USPTO Record Showing Breeze Application No. 90/292,552, #11 Exhibit J - USPTO Record Showing Breeze (Stylized) Application No. 90/292,558, #12 Exhibit K - USPTO Record Showing Breeze (Stylized) Application No. 90/292,568, #13 Exhibit L - USPTO Record Showing Breeze Application No. 90/292,573, #14 Exhibit M - USPTO Record Showing Breeze (Stylized) Application No. 90/292,579, #15 Exhibit N - USPTO Record Showing Breeze Application No. 90/292,582, #16 Exhibit O Screenshots of Text Message) (Hoffmann, Richard) |
| Filing 12 RESPONSE to #7 MOTION for Preliminary Injunction filed by Trucenta Holdings LLC. (Hoffmann, Richard) |
| Filing 11 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Trucenta Holdings LLC (Hoffmann, Richard) |
| Filing 10 ANSWER to Complaint with Affirmative Defenses with Jury Demand , COUNTERCLAIM filed by Trucenta Holdings LLC against Breeze Smoke LLC by Trucenta Holdings LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A USPTO Record Showing Breeze (Stylized) Registration No. 6,296,004, #3 Exhibit B USPTO Record Showing Breeze Registration No. 6,296,005, #4 Exhibit C USPTO Record Showing Breeze Application No. 90/256,675, #5 Exhibit D USPTO Record Showing Breeze Application No. 90/292,552, #6 Exhibit E USPTO Record Showing Breeze (Stylized) Application No. 90/292,558, #7 Exhibit F USPTO Record Showing Breeze (Stylized) Application No. 90/292,568, #8 Exhibit G - USPTO Record Showing Breeze Application No. 90/292,573, #9 Exhibit H - USPTO Record Showing Breeze (Stylized) Application No. 90/292,579, #10 Exhibit I - USPTO Record Showing Breeze Application No. 90/292,582, #11 Exhibit J Michigan Trademark Registration No. 802511553, #12 Exhibit K - Michigan Trademark Registration No. 802511431) (Hoffmann, Richard) |
| Filing 9 NOTICE of Appearance by Andrew M. Pauwels on behalf of Breeze Smoke LLC. (Pauwels, Andrew) |
| Filing 8 CERTIFICATE of Service/Summons Returned Executed. Trucenta Holdings LLC served on 8/17/2021, answer due 9/7/2021. (Hyde, Mary) |
| Filing 7 MOTION for Preliminary Injunction by Breeze Smoke LLC. (Attachments: #1 Index of Exhibits, #2 Declaration of Steven Haddad, #3 Exhibit 1 - Proposed Order Granting Preliminary Injunction, #4 Exhibit 2 - Sales Records of BREEZE Products in May 2019, #5 Exhibit 3 - Examples of Breeze Smoke's Products, #6 Exhibit 4 - "BREEZE SMOKE" Trademark Application, #7 Exhibit 5 - "BREEZE PLUS" Trademark Application, #8 Exhibit 6 - "BREEZE PRO" Trademark Application, #9 Exhibit 7 - "BREEZE PALM" Trademark Application, #10 Exhibit 8 - Examples of Breeze Smoke's Advertisements, #11 Exhibit 9 - Reviews of Breeze Smoke's Products, #12 Exhibit 10 - Trucenta's BREEZE Website, #13 Exhibit 11 - March 6, 2020 Trucenta Blog Post, #14 Exhibit 12 - Trucenta's Michigan Trademark Applications, #15 Exhibit 13 - Breeze Smoke's Website, #16 Exhibit 14 - USPTO Notice of Publication, #17 Exhibit 15 - Trucenta's Notice of Opposition, #18 Exhibit 16 - Evidence of Confusion) (Hyde, Mary) |
| Filing 6 NOTICE of Appearance by Nicholas Burandt on behalf of Breeze Smoke LLC. (Burandt, Nicholas) |
| Filing 5 NOTICE of Appearance by Jeffrey K. Lamb on behalf of Breeze Smoke LLC. (Lamb, Jeffrey) |
| Filing 4 SUMMONS Issued for *Trucenta Holdings LLC* (DPer) |
| A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (DPer) |
| Filing 3 Trademark Report Sent To Washington (Hyde, Mary) |
| Filing 2 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Breeze Smoke LLC (Hyde, Mary) |
| Filing 1 COMPLAINT (Verified) filed by Breeze Smoke LLC against Trucenta Holdings LLC with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8568973 - Fee: $ 402. County of 1st Plaintiff: Oakland - County Where Action Arose: Oakland - County of 1st Defendant: Oakland. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Hyde, Mary) |
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