Baron T. Ltd. et al v. Maslawi et al
| Baron T. Ltd., Fast Operating Corp. and Fast Operating Corp. doing business as Carmel Car & Limousine Service |
| AM Auto Group Corp., Carmel Car Service NYC and Arie Maslawi |
| 1:2018cv03034 |
| May 23, 2018 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Margo K Brodie |
| Steven Tiscione |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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Filing 27
SCHEDULING ORDER: An in-person initial conference will be held at 11:00 a.m. on August 14, 2018 before the undersigned in Hearing Room N504 in the North Wing. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than August 10th. So Ordered by Magistrate Judge Steven Tiscione on 7/17/2018. (Vasquez, Lea)
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| Filing 26 Corporate Disclosure Statement by AM Auto Group Corp., Carmel Car Service NYC, Arie Maslawi (Shalit, Leo) |
| Filing 25 REPLY in Opposition re #22 Response to Motion, and Response To Contempt OSC filed by All Defendants. (Attachments: #1 Defendant Affidavit, #2 Email to Web Developer, #3 Email to Plaintiff, #4 Internet Data Confirmation) (Shalit, Leo) |
| Filing 24 ANSWER to #1 Complaint, by All Defendants. (Shalit, Leo) |
| Filing 23 REPLY in Support re #22 Response to Motion, filed by All Defendants. (Shalit, Leo) |
| Filing 22 RESPONSE to Motion re #21 Second MOTION for Extension of Time to File Answer filed by Baron T. Ltd., Fast Operating Corp.. (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) (Martin, Jonathan) |
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ORDER granting #21 Motion for Extension of Time to Answer for All Defendants. Defendants are directed to file an answer on or before July 17, 2018. Ordered by Judge Margo K. Brodie on 7/10/2018. (Chu, Chan Hee)
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ORDER TO SHOW CAUSE: Defendants are directed to explain in writing why they should not be held in contempt of a court order based on plaintiffs' Jul 10, 2018 submission #22 on or before July 16, 2018. Ordered by Judge Margo K. Brodie on 7/10/2018. (Chu, Chan Hee)
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| Filing 21 Second MOTION for Extension of Time to File Answer by Arie Maslawi. (Shalit, Leo) |
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Filing 20
ORDER: It is hereby Ordered that: 1) Arie Maslawi, Carmel Car Service NYC, and AM Auto Group Corp., and their respective successors, assigns, agents, representatives, officers, directors, shareholders, principals, licensees, distributors, employees, affiliates, parents, subsidiaries, attorneys, and all persons in concert or participation with any of them (hereafter collectively referred to as the Maslawi Defendants), are hereby immediately enjoined and restrained from any further infringement of Plaintiffs' "CARMEL" trademarks; 2) The Maslawi Defendants are hereby immediately enjoined and restrained from using the name, "CARMEL," or any variation thereof, in furtherance to, or in connection with, any transportation business, including under the name "Carmel Car Service NYC;" 3) The Maslawi Defendants are immediately enjoined and restrained from using Plaintiffs' CARMEL Trademarks or any reproduction or colorable imitation thereof in connection with the advertising, marketing, promotion, and offer for sale of any transportation services of the Maslawi Defendants, or in any manner likely to cause others to believe that the services the Maslawi Defendants are offering for sale are connected with Plaintiffs and Plaintiffs' CARMEL Trademarks; 4) The Maslawi Defendants are immediately enjoined and restrained from accepting any further business/reservations for transportation services using the name "CARMEL," including under the "Carmel Car Service NYC" name, including any business derived from the web-booking service contained on the Maslawi Defendants website, www.carmelcarservicenyc.com, to the extent it continues to use the name "CARMEL;" 5) The Maslawi Defendants are hereby directed to take down and discontinue any further use of the website bearing the domain name www.carmelcarservicenyc.com, to the extent it continues to use the name "CARMEL," within seven (7) days from the date of the Court's filing of a signed copy of this Order; 6) The Maslawi Defendants are prohibited from creating any additional websites containing the "CARMEL" name, or any variation thereof, in furtherance to or in connection with any transportation business.Ordered by Judge Margo K. Brodie on 6/21/2018. (Brucella, Michelle)
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| Filing 19 Letter Attaching Proposed Form of Order Per Court's June 20, 2018 Instruction by Baron T. Ltd., Fast Operating Corp. (Attachments: #1 Proposed Order) (Martin, Jonathan) |
| Minute Order for proceedings held before Judge Margo K. Brodie: Show Cause Hearing held on 6/20/2018 for preliminary injunction. Jonathan Daniel Martin and Rick Mills appeared on behalf of plaintiffs; Leo Shalit appeared on behalf of defendants. Plaintiffs presented three witnesses, and the Court heard oral arguments as to plaintiffs' motion for preliminary injunction. For the reasons stated on the record, the Court found that plaintiffs have demonstrated a likelihood of success on the merits, irreparable harm, and that the balance of hardships weighs in their favor as to the trademark infringement claim pursuant to Lanham Act, 15 U.S.C. 1114. Accordingly, the Court granted plaintiffs' request for a preliminary injunction and directed plaintiffs to file an order enjoining defendants from further infringement, including the continued use of the trademark "Carmel" in the domain name of defendants' website. (Court Reporter Sophie Nolan, Linda Marino, Charleane Heading.) (Chu, Chan Hee) |
| Filing 18 AFFIDAVIT in Opposition re #12 Order to Show Cause,,,, by All Defendants. (Attachments: #1 A - TLC Sticker, #2 B - Plaintiff BBB Profile, #3 C - BBB Negative Reviews, #4 D - BBB Complaints Summary, #5 E - BBB Ignored Complaints, #6 F - Plaintiff Yelp Page, #7 G - Plaintiff Website, #8 H - Defendant Website, #9 I - Defendant Affidavit) (Shalit, Leo) |
| Filing 17 First MOTION for Extension of Time to File Response/Reply as to #12 Order to Show Cause,,,, by AM Auto Group Corp., Carmel Car Service NYC, Arie Maslawi. (Shalit, Leo) |
| Filing 16 NOTICE of Appearance by Leo Shalit on behalf of All Defendants (aty to be noticed) (Shalit, Leo) |
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ORDER granting in part and denying in part #17 Motion for Extension of Time to File Response/Reply. Defendants are directed to file a response to the order to show cause on or before June 18, 2018, and file an answer to the complaint on or before June 29, 2018. The preliminary injunction hearing will be held on June 20, 2018 at 11:00 AM as currently scheduled. Ordered by Judge Margo K. Brodie on 6/12/2018. (Chu, Chan Hee)
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| Filing 15 Summons Issued as to AM Auto Group Corp., Carmel Car Service NYC, Arie Maslawi. (Piper, Francine) |
| Filing 14 Proposed Summons. by Baron T. Ltd., Fast Operating Corp. (Martin, Jonathan) |
| Filing 13 AFFIDAVIT/AFFIRMATION of Service by Baron T. Ltd., Fast Operating Corp. (Attachments: #1 Exhibit A, #2 Exhibit B) (Martin, Jonathan) |
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Filing 12
ORDER TO SHOW CAUSE: See the attached written order for further details. Upon hearings held on 5/24/2018 and 6/1/2018 the submissions of the plaintiffs, defendants are ordered to show cause before Judge Margo K. Brodie at the United States Courthouse for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York 11201 in Courtroom N6F on 6/20/2018 at 11:00 AM. Service of the instant Order to Show Cause, together with a complete set of the papers in support, including all supplemental filings, shall be made by delivering true copies thereof to defendants via Federal Express overnight delivery to 43-04 69th Street, Unit 3, Woodside, NY 11377 on or before 6/5/2018, and by email to info@carmelcarservicenyc.com. Answering papers, if any, shall be filed by defendants with the Court and served upon Plaintiff's counsel on or before 6/14/2018; and reply papers if any, shall be served in a like manner on or before 6/18/18. So Ordered by Judge Roslynn R. Mauskopf on 6/1/2018. (Taronji, Robert)
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| Minute Entry for proceedings held before Judge Roslynn R. Mauskopf:Hearing held on plaintiff's application for a TRO. Martin present for plaintiffs. Arie Maslawi appearing pro se. The Court explained case to Maslawi, and that the court corporate defendants must appear through counsel. Maslawi seeks time to find counsel. Temporary relief denied. Hearing on preliminary injunction set before Judge Brodie on June 20, 2018 at 11:00 AM. (Court Reporter Anthony Mancuso) (Taronji, Robert) |
| Filing 11 AFFIDAVIT/AFFIRMATION Of Service of Court's 5/31/18 Scheduling Order on Defendant Arie Maslawi by Baron T. Ltd., Fast Operating Corp. (Attachments: #1 Exhibit A) (Martin, Jonathan) |
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SCHEDULING ORDER: Hearing on Temporary Restraining Order set for 6/1/2018 at 02:30 PM in Courtroom 6A South before Judge Roslynn R. Mauskopf. All parties shall attend. The Court has contacted Defendant Maslawi via telephone. He confirmed his appearance for the conference tomorrow aand acknowledged that he does not yet have counsel who can represent the corporate defendants in this action. Plaintiffs' counsel shall serve a copy of this electronic order on Mr. Maslawi at the email address listed in Mr. Martin's affidavits and file proof of the same on the docket. Ordered by Judge Roslynn R. Mauskopf on 5/31/2018. (Taronji, Robert)
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| Filing 10 Letter Confirming Filing of Declaration of Steven J. Shanker, Esq., Supplemental Memorandum of Law, and Affirmation of Service by Baron T. Ltd., Fast Operating Corp. (Martin, Jonathan) |
| Filing 9 AFFIDAVIT/AFFIRMATION of Service of May 28, 2018 Declaration of Steven J. Shanker, Esq. and Supplemental Memorandum of Law filed by Plaintiffs by Baron T. Ltd., Fast Operating Corp. (Martin, Jonathan) |
| Filing 8 MEMORANDUM in Support re #2 Unsigned Order to Show Cause, #1 Complaint, Supplemental Legal Memorandum in Support of Complaint and Proposed OTSC filed by Baron T. Ltd., Fast Operating Corp.. (Mills, Richard) |
| Filing 7 DECLARATION of Steven J. Shanker, Esq., by Baron T. Ltd., Fast Operating Corp. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit) (Mills, Richard) |
| Filing 6 DECLARATION of Jonathan D. Martin, Esq., by Baron T. Ltd., Fast Operating Corp. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Martin, Jonathan) |
| Minute Entry for proceedings held before Judge Roslynn R. Mauskopf:Temporary Restraining Order Hearing held on 5/24/2018. Richard Mills and Jonathan Martin for plaintiffs with Jay Katz as an available witness (not called). Defendants not present. Plaintiffs explain their efforts to identify and contact defendants. Preliminary argument heard on the application for emergency relief. The Court orders plaintiffs' counsel to serve defendants with the entire application. The Court defers ruling on the TRO until Plaintiffs have supplemented their application as discussed on the record. Plaintiffs shall file their supplemental briefs forthwith and await further order of the Court after review of the complete application. (Court Reporter Linda Danelczyk) (Taronji, Robert) |
| Filing 5 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint) (Rocco, Christine) |
| Filing 4 NOTICE of Appearance by Jonathan Daniel Martin on behalf of Baron T. Ltd., Fast Operating Corp. (aty to be noticed) (Martin, Jonathan) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 2 Unsigned Order to Show Cause by Baron T. Ltd., Fast Operating Corp. (Attachments: #1 Declaration Avik Kabessa, #2 Declaration Jonathan D. Martin, #3 Memorandum in Support, #4 Proposed Order) (Bowens, Priscilla) (Main Document 2 replaced on 5/23/2018) (Bowens, Priscilla). |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Baron T. Ltd., Fast Operating Corp.. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) (Additional attachment(s) added on 5/23/2018: #2 Memorandum in Support) (Bowens, Priscilla). |
| FILING FEE: $ 400, receipt number 4653128311 (Bowens, Priscilla) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Margo K. Brodie for all further proceedings. Judge Eric N. Vitaliano no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 5/23/2018. (Bowens, Priscilla)
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