SWAROVSKI OPTIK NORTH AMERICA LIMITED v. IBUY GROUP LLC et al
| SWAROVSKI OPTIK NORTH AMERICA LIMITED |
| IBUY GROUP LLC, IBUY DISTRIBUTION LLC formerly known as F & E TRADING LLC doing business as 6TH AVE ELECTRONICS, VALOR GROUP LLC and F & E TRADING LLC |
| 3:2023cv01210 |
| March 2, 2023 |
| US District Court for the District of New Jersey |
| Tonianne J Bongiovanni |
| Georgette Castner |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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Filing 42
ORDER granting withdrawal of pro hac vice attorney Jack S. Brodsky as counsel for Plaintiff. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/12/2023. (kht)
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Filing 41
NOTICE by SWAROVSKI OPTIK NORTH AMERICA LIMITED of Withdrawal of pro hac vice Attorney Jack S. Brodsky as Counsel for Plaintiff (PARKER, DANA)
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Filing 40
Letter re #35 MOTION to Dismiss Plaintiff's Amended Complaint. (Attachments: #1 Exhibit A - PLAINTIFFS SUR-REPLY IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS)(PARKER, DANA)
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Filing 39
REPLY BRIEF to Opposition to Motion filed by IBUY DISTRIBUTION LLC, IBUY GROUP LLC re #35 MOTION to Dismiss Plaintiff's Amended Complaint (D'ANGELO, ALEXA)
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Pro Hac Vice fee received for Morgan T. Nickerson: $ 150, receipt number 134249 (jjc, )
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Pro Hac Vice fee received for Jack S. Brodsky: $ 150, receipt number 134245 (jjc, )
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Filing 38
RESPONSE in Opposition filed by SWAROVSKI OPTIK NORTH AMERICA LIMITED re #35 MOTION to Dismiss Plaintiff's Amended Complaint (PARKER, DANA)
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Filing 37
ORDER granting #30 Motion for Leave to Appear Pro Hac Vice as to Jack S. Brodsky. It is further Ordered that Jack S. Brodsky shall make the payment required by L.Civ.R. 101.1(c)(3) within 20 days. Signed by Magistrate Judge Tonianne J. Bongiovanni on 8/15/2023. (jdg)
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Filing 36
CERTIFICATE OF SERVICE by IBUY DISTRIBUTION LLC, IBUY GROUP LLC re #35 MOTION to Dismiss Plaintiff's Amended Complaint (D'ANGELO, ALEXA)
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Filing 35
MOTION to Dismiss Plaintiff's Amended Complaint by IBUY DISTRIBUTION LLC, IBUY GROUP LLC. (Attachments: #1 Brief in Support of Defendants' Motion to Dismiss the Amended Complaint, #2 Declaration of Alexa D'Angelo in Support of Defendants' Motion to Dismiss the Amended Complaint, #3 Exhibit A- US Patent and Trademark Office's Mark Information, #4 Text of Proposed Order, #5 Certificate of Service)(D'ANGELO, ALEXA)
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Set Deadlines as to #35 MOTION to Dismiss Plaintiff's Amended Complaint. Motion set for 9/5/2023 before Judge Georgette Castner. 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. (jal, )
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Filing 34
ORDER granting #29 Motion for Leave to Appear Pro Hac Vice as to MORGAN T. NICKERSON, ESQ. Signed by Magistrate Judge Tonianne J. Bongiovanni on 8/7/2023. (mlh)
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Filing 33
TEXT ORDER: This matter comes before the Court upon review of its docket. The pre-motion conference previously scheduled for July 12, 2023, at 10:00 AM, is hereby cancelled, and the Court waives its pre-motion conference requirement in this instance. Defendants shall have until August 11, 2023 to answer, move, or otherwise respond to Plaintiffs Complaint. If Defendants file a motion to dismiss, Plaintiffs opposition papers will be due August 22, 2023, and Defendants reply will be due August 29, 2023. All submissions shall be consistent with court rules. So Ordered by Judge Georgette Castner on 7/11/23. (adi)
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Pro Hac Vice counsel, KEVIN W. KIRSCH and NICHOLAS A. CORDOVA, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jal, )
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Filing 32
Notice of Request by Pro Hac Vice Nicholas A. Cordova to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14432813.) (D'ANGELO, ALEXA)
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Filing 31
Notice of Request by Pro Hac Vice Kevin W. Kirsch to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14432744.) (D'ANGELO, ALEXA)
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Set Deadlines as to #29 MOTION for Leave to Appear Pro Hac Vice , #30 MOTION for Leave to Appear Pro Hac Vice . Motion set for 8/7/2023 before Magistrate Judge Tonianne J. Bongiovanni. 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. (mg)
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Filing 30
MOTION for Leave to Appear Pro Hac Vice by SWAROVSKI OPTIK NORTH AMERICA LIMITED. (Attachments: #1 Declaration of Jack S. Brodsky ISO Motion for PHV Admission, #2 Declaration of Dana B. Parker ISO Jack S. Brodsky PHV Admission, #3 Text of Proposed Order Granting Jack S. Brodsky PHV Admission, #4 Certificate of Service for Motion to Admit Jack S. Brodsky PHV)(PARKER, DANA)
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Filing 29
MOTION for Leave to Appear Pro Hac Vice by SWAROVSKI OPTIK NORTH AMERICA LIMITED. (Attachments: #1 Declaration of Morgan T. Nickerson ISO PHV Admission, #2 Declaration of Dana B. Parker ISO Morgan T. Nickerson PHV Admission, #3 Text of Proposed Order Granting Morgan T. Nickerson PHV Admission, #4 Certificate of Service for Motion to Admit Morgan T. Nickerson PHV)(PARKER, DANA)
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Filing 28
CONSENT ORDER: Granting leave to appear pro hac vice as to Kevin W. Kirsch and Nicholas A. Cordova. Signed by Magistrate Judge Tonianne J. Bongiovanni on 6/26/2023. (jal, )
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Set/Reset Hearings: Pre-motion Conference set for 7/12/2023 at 10:00 AM via telephone before Judge Georgette Castner. The dial-in information has been provided to the parties. (adi)
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Filing 27
Letter from Dana B. Parker to Hon. Georgette Castner, U.S.D.J. re #26 Letter. (PARKER, DANA)
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Filing 26
Letter from Alexa D'Angelo Requesting a Pre-Motion Conference. (D'ANGELO, ALEXA)
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Filing 25
LETTER ORDER granting request to withdraw #19 motion to dismiss. Signed by Judge Georgette Castner on 6/7/2023. (jal, )
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Filing 24
Letter from Alexa A. D'Angelo Withdrawing Defendants' Pending Motion to Dismiss Plaintiff's Complaint re #19 MOTION to Dismiss Plaintiff's Complaint. (D'ANGELO, ALEXA)
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Filing 23
AMENDED COMPLAINT against All Defendants All Defendants., filed by SWAROVSKI OPTIK NORTH AMERICA LIMITED.(PARKER, DANA)
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Filing 22
LETTER ORDER granting Plaintiff SWAROVSKI OPTIK NORTH AMERICA LIMITED'S request for extension of time to file response to Motion to Dismiss until 6/2/2023. Signed by Judge Georgette Castner on 5/24/2023. (mlh)
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Filing 21
Letter from Dana B. Parker to Hon. Georgette Castner, U.S.D.J.--Assented To Motion for Extension re 20 Order,,. (Attachments: #1 Assented To Motion for Extension of Time for Plaintiff to Respond to Defendants' Motion to Dismiss)(PARKER, DANA)
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Filing 20
TEXT ORDER: This matter comes before the Court based upon the Court's review of its docket. The Court is in receipt of Defendants' letters (ECF No. #17 , #18 ) and Defendants' Motion to Dismiss (ECF No. #19 ) filed on May 12, 2023. In light of the filing of Defendant's Motion to Dismiss, the need for a pre-motion conference is now moot. As such, Plaintiff shall submit an opposition to the Motion, if any, consistent with the court rules. So Ordered by Judge Georgette Castner on 5/17/23. (adi)
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Set Deadlines as to #19 MOTION to Dismiss Plaintiff's Complaint. Motion set for 6/5/2023 before Judge Georgette Castner. 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. (mg, )
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Filing 19
MOTION to Dismiss Plaintiff's Complaint by IBUY DISTRIBUTION LLC, IBUY GROUP LLC. (Attachments: #1 Brief in Support of Motion to Dismiss Plaintiff's Complaint, #2 Declaration of Alexa A. D'Angelo, #3 Exhibit A-United States Patent and Trademark Offices Mark Information, #4 Text of Proposed Order)(D'ANGELO, ALEXA)
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Filing 18
Letter from Alexa D'Angelo Regarding the Filing of Defendants' Motion to Dismiss. (D'ANGELO, ALEXA)
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Filing 17
Letter from Alexa D'Angelo Requesting a Pre-Motion Conference. (D'ANGELO, ALEXA)
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Filing 16
MOTION for a Pre-Motion Conference by IBUY DISTRIBUTION LLC, IBUY GROUP LLC. (D'ANGELO, ALEXA)
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CLERK'S QUALITY CONTROL MESSAGE - The "LETTER" #16 filed by ALEXA D'ANGELO on 5/11/2023 was submitted incorrectly as a "MOTION". PLEASE RESUBMIT THE "LETTER" USING THE EVENT: Civil Events -> Other Filings -> Other Documents -> Letter. This submission will remain on the docket unless otherwise ordered by the court. (mlh)
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Filing 15
Corporate Disclosure Statement by IBUY DISTRIBUTION LLC identifying iBuy Group LLC as Corporate Parent.. (D'ANGELO, ALEXA)
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Filing 14
Corporate Disclosure Statement by IBUY GROUP LLC identifying Houllou 2020 Family Trust as Corporate Parent.. (D'ANGELO, ALEXA)
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Filing 13
STIPULATION AND ORDER extending Defendant's time to answer, move or otherwise respond to Plaintiff's Complaint until 5/12/2023. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/28/2023. (jdg)
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Filing 12
NOTICE of Appearance by ALEXA D'ANGELO on behalf of IBUY DISTRIBUTION LLC, IBUY GROUP LLC (D'ANGELO, ALEXA)
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Filing 11
STIPULATION and Proposed Order Extending Defendants' Time to Respond to the Complaint by IBUY DISTRIBUTION LLC, IBUY GROUP LLC. (D'ANGELO, ALEXA)
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Filing 10
LETTER ORDER granting 30 day extension for Defendant SWAROVSKI OPTIK to respond to the Complaint to 4/28/2023. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/29/2023. (mg)
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Filing 9
Letter from Dana B. Parker to Hon. Georgette Castner, U.S.D.J. re: Request for Extension for Defendants to Answer Complaint. (PARKER, DANA)
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Filing 8
SUMMONS Returned Executed by SWAROVSKI OPTIK NORTH AMERICA LIMITED. IBUY GROUP LLC served on 3/7/2023, answer due 3/28/2023. (PARKER, DANA)
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Filing 7
SUMMONS Returned Executed by SWAROVSKI OPTIK NORTH AMERICA LIMITED. IBUY DISTRIBUTION LLC served on 3/7/2023, answer due 3/28/2023. (PARKER, DANA)
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Filing 6
AFFIDAVIT of Service for Summons and Complaint served on iBuy Distribution LLC on March 7, 2023, filed by SWAROVSKI OPTIK NORTH AMERICA LIMITED. (PARKER, DANA)
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Filing 5
Exhibit to #1 Complaint, (Complaint with Revised Address of Plaintiff's Attorneys) by SWAROVSKI OPTIK NORTH AMERICA LIMITED. (PARKER, DANA)
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Filing 4
SUMMONS ISSUED as to IBUY DISTRIBUTION LLC and IBUY GROUP LLC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (mlh)
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Filing 3
AO120 Patent/Trademark Form filed. (mlh)
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Filing 2
Corporate Disclosure Statement by SWAROVSKI OPTIK NORTH AMERICA LIMITED identifying SWAROVSKI OPTIK VERTRIEBS GmbH as Corporate Parent.. (PARKER, DANA)
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Filing 1
COMPLAINT against All Defendants ( Filing and Admin fee $ 402 receipt number ANJDC-14127430) with JURY DEMAND, filed by SWAROVSKI OPTIK NORTH AMERICA LIMITED. (Attachments: #1 Civil Cover Sheet for Complaint and Jury Demand, #2 AO 120 Form for Complaint)(PARKER, DANA)
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CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: In the future when choosing parties please choose each party individually. Do NOT select the ALL PLAINTIFFS or ALL DEFENDANTS button . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )
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CLERK'S QUALITY CONTROL MESSAGE - The "COMPLAINT" #1 submitted by DANA B. PARKER on 3/2/2023 appears to have address information that does not match the court's records for this case. Please refer to the court's website at www.njd.uscourts.gov for information and instructions on maintaining your account. (mlh)
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Judge Georgette Castner and Magistrate Judge Tonianne J. Bongiovanni added. (mlh)
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