The Bazooka Companies, Inc. v. Classic Confections Enterprises, Inc.
| THE BAZOOKA COMPANIES, INC. |
| CLASSIC CONFECTIONS ENTERPRISES, INC. |
| 2:2022cv04556 |
| July 13, 2022 |
| US District Court for the District of New Jersey |
| Kevin McNulty |
| Cathy L Waldor |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Both |
Docket Report
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| Filing 33 ANSWER to Complaint with JURY DEMAND by CLASSIC CONFECTIONS ENTERPRISES, INC..(CUKOR, MICHAEL) |
Filing 32
PRETRIAL SCHEDULING ORDER. Signed by Magistrate Judge Cathy L. Waldor on 8/9/2022. (qa, )
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| Filing 31 Proposed Order Joint Proposed Scheduling Order by THE BAZOOKA COMPANIES, INC.. (LOPES-MCLEMAN, ERIKA) |
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Filing 30
ORDER granting the #29 Motion for Leave to Appear Pro Hac Vice as to Tomasita L. Sherer. Signed by Magistrate Judge Cathy L. Waldor on 7/25/2022. (qa, )
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| Filing 29 MOTION for Leave to Appear Pro Hac Vice by THE BAZOOKA COMPANIES, INC.. (Attachments: #1 Declaration of TLS, #2 Certification in Support of PHV, #3 Certificate of Service, #4 Text of Proposed Order)(LOPES-MCLEMAN, ERIKA) |
| Set Deadlines as to #29 MOTION for Leave to Appear Pro Hac Vice . Motion set for 8/15/2022 before Magistrate Judge Cathy L. Waldor. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (qa, ) |
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Filing 28
TEXT ORDER: Defendant will complete additional discovery as discussed in 22-1312. Parties shall meet and confer and submit a scheduling order in 22-4556. This Court intends to conduct an in person settlement conference with both principals present when sufficient discovery has been exchanged. That conference will occur on 11/30/22 at 11am in Courtroom 4D. All persons, including trial counsel and clients with settlement authority, must be present. Parties are also required to submit a five (5) page confidential settlement memorandum to chambers via email to CLW_Orders@njd.uscourts.gov at least five (5) business days prior to conference. So Ordered by Magistrate Judge Cathy L. Waldor on 7/21/22. (tjg, )
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Filing 27
ORDER that the requested consolidation (22-cv-1312, DE 35) is DENIED, without prejudice to renewal as circumstances may warrant. The Clerk shall file this Order under both civil numbers in the caption above. Signed by Judge Kevin McNulty on 7/21/2022. (qa, )
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| Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 7/21/2022. (tjg, ) |
| Filing 26 Letter. (Attachments: #1 Exhibit -A to Letter)(LOPES-MCLEMAN, ERIKA) |
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Filing 25
TEXT ORDER: The Court will hold a telephone conference, on 7/21/22 at 10:30am. Parties are to use the Courts teleconference dial-in: 888-808-6929 and Access Code is 9464201.. So Ordered by Magistrate Judge Cathy L. Waldor on 7/19/22. (tjg, )
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| Filing 24 NOTICE of Appearance by ERIKA MARIE LOPES-MCLEMAN on behalf of THE BAZOOKA COMPANIES, INC. (LOPES-MCLEMAN, ERIKA) |
| Case Assigned to Judge Kevin McNulty and Magistrate Judge Cathy L. Waldor. (ak, ) |
| Filing 23 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:22-cv-04656. Original file certified copy of transfer order and docket sheet received. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey.(tg) |
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Filing 22
ORDER: In the light of the totality of the circumstances and the possibility of a global resolution, IT IS HEREBY ORDERED that this case shall be transferred to the District of New Jersey. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/6/2022) (tg) Transmission to Office of the Clerk of Court for processing.
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| Filing 21 LETTER addressed to Judge Mary Kay Vyskocil from Michael Cukor dated July 5, 2022 re: Requested Authority. Document filed by Classic Confections Enterprises, Inc.. (Attachments: #1 Exhibit Case: Focus Prods. Grp. Int'l v. Kartri Sales Co).(Cukor, Michael) |
| Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Status Conference held on 7/1/2022. (Court Reporter Sara Beiter) (rz) |
| Filing 20 BRIEF re: #7 Memorandum of Law in Support, . Document filed by Classic Confections Enterprises, Inc.. (Attachments: #1 Affidavit Declaration of Michael Cukor, #2 Affidavit Declaration of Eli Nadler).(Cukor, Michael) |
| Filing 19 NOTICE OF APPEARANCE by Michael Cukor on behalf of Classic Confections Enterprises, Inc...(Cukor, Michael) |
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Filing 18
ORDER: The Court is in receipt of Defendant's letter requesting an adjournment of the hearing on Plaintiff's application for a preliminary injunction [ECF No. 15] and Plaintiff's letter opposing that request [ECF No. 17]. IT IS HEREBY ORDERED that the hearing is ADJOURNED to July 1, 2022 at 10:30 a.m. SO ORDERED. ( Status Conference set for 7/1/2022 at 10:30 AM before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 6/9/2022) (tg)
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| Filing 17 LETTER addressed to Judge Mary Kay Vyskocil from Tomasita L. Sherer dated June 9, 2022 re: Response to the Defendant's 6/8/22 Letter. Document filed by The Bazooka Companies, Inc.. (Attachments: #1 Exhibit A).(Sherer, Tomasita) |
| Filing 16 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Classic Confections Enterprises, Inc. served on 6/8/2022, answer due 6/29/2022. Service was accepted by Nancy Dougherty, NYS Department of State Business Document Specialist. Document filed by The Bazooka Companies, Inc...(Sherer, Tomasita) |
| Filing 15 LETTER addressed to Judge Mary Kay Vyskocil from Michael Cukor dated June 8, 2022 re: Schedule. Document filed by Classic Confections Enterprises, Inc.. (Attachments: #1 Exhibit A - NJ Complaint).(Cukor, Michael) |
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Filing 14
ORDER: The Court is in receipt of Plaintiff's application for a preliminary injunction [ECF Nos. 6, 7]. IT IS HEREBY ORDERED that Plaintiff shall serve its complaint and application for a preliminary injunction on Defendant, and shall file proof of such service on ECF, by June 8, 2022 at 5:00 p.m. IT IS FURTHER ORDERED that Defendant shall file any opposition by June 10, 2022 at 5:00 p.m. IT IS FURTHER ORDERED that the parties shall appear for a hearing on June 17, 2022 at 11:00 AM. The hearing will be held in Courtroom 18C of 500 Pearl Street, New York, NY 10007. SO ORDERED. ( Responses due by 6/10/2022, Status Conference set for 6/17/2022 at 11:00 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 6/7/2022) (vfr)
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| Filing 13 AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(gp) |
| Filing 12 NOTICE OF APPEARANCE by Erika M. Lopes-McLeman on behalf of The Bazooka Companies, Inc...(Lopes-McLeman, Erika) |
| Filing 11 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for additional pleading submitted to court for review..(Sherer, Tomasita) |
| Filing 10 NOTICE OF APPEARANCE by Sara Marie Gates on behalf of The Bazooka Companies, Inc...(Gates, Sara) |
| Filing 9 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (vf) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Classic Confections Enterprises, Inc.. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tomasita L Sherer. The party information for the following party/parties has been modified: THE BAZOOKA COMPANIES, INC, CLASSIC CONFECTIONS ENTERPRISES, INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf) |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #6 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Tomasita L Sherer to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (vf) |
| Case Designated ECF. (vf) |
| Filing 7 MEMORANDUM OF LAW in Support re: #6 Proposed Order to Show Cause With Emergency Relief, Memorandum of Law in Support of Plaintiff The Bazooka Companies, Inc.'s Motion for a Preliminary Injunction and Expedited Discovery. Document filed by THE BAZOOKA COMPANIES, INC...(Sherer, Tomasita) |
| Filing 6 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by THE BAZOOKA COMPANIES, INC.. Related Document Number: #1 ..(Sherer, Tomasita) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Classic Confections Enterprises, Inc., re: #1 Complaint,. Document filed by The Bazooka Companies, Inc.(Sherer, Tomasita) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Bazooka Intermediate Holdco, Inc. for THE BAZOOKA COMPANIES, INC.. Document filed by THE BAZOOKA COMPANIES, INC...(Sherer, Tomasita) |
| Filing 3 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Sherer, Tomasita) |
| Filing 2 CIVIL COVER SHEET filed..(Sherer, Tomasita) |
| Filing 1 COMPLAINT against Classic Confections Enterprises, Inc. (Filing Fee $ 402.00, Receipt Number ANYSDC-26237863)Document filed by The Bazooka Companies, Inc. (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K).(Sherer, Tomasita) |
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| Plaintiff: THE BAZOOKA COMPANIES, INC. | |
| Represented By: | Tomasita L Sherer |
| Represented By: | ERIKA MARIE LOPES-MCLEMAN |
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| Defendant: CLASSIC CONFECTIONS ENTERPRISES, INC. | |
| Represented By: | MICHAEL CUKOR |
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