Sav-Rx v. I Love China
| Sav-Rx |
| I Love China |
| 8:2007cv00419 |
| October 19, 2007 |
| US District Court for the District of Nebraska |
| Trademark Office |
| Douglas |
| F. A. Gossett |
| Laurie Smith Camp |
| None |
| Federal Question |
| 15:1125 Trademark Infringement (Lanham Act) |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
55
ORDER - The Motion for Release of Bond Obligation (Filing No. 54 ) filed by Plaintiff Sav-Rx, LLC is granted. Plaintiff is entitled to the bond filed with the Court (Filing No. 10 ) in the amount of $100.00. The clerk is directed to release the bond to counsel for Plaintiff: Fraser Stryker PC LLO, c/o Luke J. Klinker 500 Energy Plaza 409 South 17th Street Omaha, Nebraska 68102. Ordered by Judge Laurie Smith Camp. (Copy to Finance Department)(TCL )
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Filing
52
ORDER that Defendant Wichmann is in default, and Default Judgment is entered against Defendant Wichmann, as follows: judgment in favor of Sav-Rx and against Defendant Wichmann in the amount of $300,000.00, pursuant to 15 U.S.C. § 1117(c)(2) and 15 U.S.C. § 1117(d); a permanent injunction prohibiting Defendant Wichmann, his agents, servants, employees and/or all persons acting in concert or participation with him, from: (i) using Plaintiff's service mark or confusingly similar variations thereof, alone or in combination with anyother letters, words, letter strings, symbols, phrases or designs, in commerce or in connection with any business or for any other purpose, including, but not limited to, on websites and in domain names; and (ii) registering, owning, leasing, selling, or trafficking in any domain names containing Plaintiff's service mark or confusingly similar variations thereof, alone or in combination with any other letters, words, letter strings, symbo ls, phrases or designs; the domain name "sav-rx.com" shall be transferred to Sav-Rx; attorneys' fees in the amount of $22,706.50; interest at the federal post-judgment interest rate of.70% per annum from the date of judgment until paid in full; the costs of bringing this action in the amount of $816.06; and the evidentiary hearing scheduled for April 13, 2009 50 is canceled.Ordered by Judge Laurie Smith Camp. (CJP) Modified on 3/17/2009 to correct filing date (CJP).
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Filing
43
SCHEDULING ORDER. Plaintiff shall file a status report no later than 1/5/2009 addressing its progress in obtaining service on defendant "I LOVE CHINA," and whether plaintiff intends to request an entry of default and file a motion for default judgment against defendant Wichmann. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
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Filing
34
ORDER OF DISMISSAL - the above-captioned case is dismissed, without prejudice. Ordered by Judge Laurie Smith Camp. (JAE, )
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Filing
7
TEMPORARY RESTRAINING ORDER - Plaintiffs ex parte Motion for Temporary Restraining Order 3 is hereby granted; Pursuant to 15 U.S.C. § l125(d)(1)(C), the domain name "sav-rx.com" shall be locked and transferred to Plaintiff by the Def endant and by the Registrar;Defendant will immediately cease and desist any and all use of Plaintiffs name and service mark and any and all variants thereof, including, but not limited to, use of the Infringing Domain Name, and take all necessary ste ps to transfer the Infringing Domain Name to Plaintiff; Cash in the amount of $100.00 shall be posted by Plaintiff with the Clerk of the Court, as security for the consequences of the issuance of this Order. A hearing on the issuance of a prelim inary injunction shall be held on the 29th day of October, 2007 at 1:30 p.m. in courtroom 2; Plaintiff may, in addition to the requirements of Federal Rules of Civil Procedure 4 and 5, serve the Motion, this Order, notice of the hearing on the issuan ce of a preliminary injunction, and all other pleadings filed to date on Defendant by electronic mail transmission at Defendant's email address:lichow123@hotmail.com. Subject to further order for good cause shown, this Order shall expire within ten (10) days unless extended by the Court. Ordered by Judge Joseph F. Bataillon. (TJS)
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| Defendant: I Love China | |
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| Plaintiff: Sav-Rx | |
| Represented By: | Michael F. Coyle |
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