RQ Innovasion, Inc. v. Carson Optical, Inc. et al
| RQ Innovasion, Inc. |
| Carson Optical, Inc. and Richard Cameron |
| 1:2019cv03886 |
| July 3, 2019 |
| US District Court for the Eastern District of New York |
| Carol Bagley Amon |
| Ramon E Reyes |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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Filing 17
REPORT AND RECOMMENDATION re #2 Proposed MOTION for Temporary Restraining Order and proposed ORDER TO SHOW CAUSE for MOTION for Preliminary Injunction filed by RQ Innovasion, Inc. For the reasons set forth in the attached Report and Recommendation, I respectfully recommend that Plaintiff's petition for injunctive relief be DENIED. Plaintiff's counsel is hereby directed to serve copies of this Report and Recommendation upon Defendants by regular and certified mail and to file proof of service on CM/ECF by 8/23/2019. Any objections to the recommendations made in this Report must be filed with the Clerk of the Court and the Honorable Carol Bagley Amon within fourteen (14) days of receipt hereof. Failure to file timely objections waives the right to appeal the District Court's Order. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72; Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989). Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 8/21/2019. (Galpert, Aviva)
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| Filing 16 Letter directed to Magistrate Judge Reyes regarding request at Motion Hearing for copies of Amazon's Policies by RQ Innovasion, Inc. (Attachments: #1 Exhibit Amazons Terms of Services, #2 Exhibit Amazons Community Guidelines, #3 Exhibit Amazons Selling Policies and Seller Code of Conduct, #4 Exhibit Amazons Video Content Policy, #5 Exhibit Amazons Intellectual Property Policy for Sellers) (Mercer, Justin) |
| Filing 15 Plaintiff's EXHIBITS #1,2 and 3 submitted by RQ Innovasion, Inc. at the 8/7/2019 Evidentiary Hearing held before Magistrate Judge Reyes. (Attachments: #1 Plaintiff's exhibit # 2, #2 Plaintiff's exhibit #3) (Vertus, Miriam) |
| Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Evidentiary Hearing held on 8/7/2019. Case called. Appearances: Plaintiff represented by David Lin, Esq., and Justin Mercer, Esq., Defendant represented by Damian Gunningsmith, Esq. Testimony heard from Brendan Zheng and Denise Yazak. Plaintiff's exhibits # 1, 2 and 3 entered into evidence. The Court will issue a report and recommendation re #2 . The parties are given 90 days to complete all discovery. Final Pretrial Conference set for 11/14/2019 at 11:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. (Contact Court Reporter Stacy Mace at 718-613-2489 to order the transcript.) (Vertus, Miriam) |
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SCHEDULING ORDER: re #2 Proposed MOTION for Temporary Restraining Order and proposed ORDER TO SHOW CAUSE, MOTION for Preliminary Injunction filed by RQ Innovasion, Inc. Motion Hearing set for 8/7/2019 and 8/8/2019, beginning 09:30 AM each day, in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. The Court is prepared to hear live testimony should the parties desire to bring witnesses. Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 8/2/2019. (Galpert, Aviva)
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ORDER REFERRING MOTION: Plaintiff's #2 motion for a temporary restraining order and preliminary injunction is respectfully referred to the Honorable Ramon E. Reyes, United States Magistrate Judge, for report and recommendation. So ordered by Judge Carol Bagley Amon on 7/29/2019. (Wu, Michelle)
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| Filing 14 AFFIDAVIT/DECLARATION in Support re #2 Proposed MOTION for Temporary Restraining Order and proposed ORDER TO SHOW CAUSE for MOTION for Preliminary Injunction filed by RQ Innovasion, Inc.. (Attachments: #1 Exhibit) (Lin, David) |
| Filing 13 REPLY in Support re #2 Proposed MOTION for Temporary Restraining Order and proposed ORDER TO SHOW CAUSE for MOTION for Preliminary Injunction filed by RQ Innovasion, Inc.. (Lin, David) |
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Filing 12
ORDER re #11 Letter filed by RQ Innovasion, Inc.: Plaintiff requests an opportunity to submit a reply to defendants' opposition papers by July 26, 2019; Application granted. Ordered by Judge Carol Bagley Amon on 7/19/2019. (Fernandez, Erica)
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| Filing 11 Letter (jointly by all parties) re: this time, the parties are unable to resolve the matter by a consent order by RQ Innovasion, Inc. (Lin, David) |
| Minute Entry for status conference held before Judge Carol Bagley Amon on July 15, 2019. Appearances: David D. Lin for Plaintiff; Damian K. Gunningsmith for Defendants. The parties shall file a joint letter with the Court by July 19, 2019 advising the Court whether they are able to resolve this matter with a consent order. (Court Reporter Lisa Schmid.) (Wu, Michelle) |
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SCHEDULING ORDER: A status conference on Plaintiff's request for a temporary restraining order is set for July 15, 2019 at 10:00 am in Courtroom 10D South before Judge Carol Bagley Amon. (Wu, Michelle)
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| Filing 10 MEMORANDUM in Opposition re #2 Proposed MOTION for Temporary Restraining Order and proposed ORDER TO SHOW CAUSE for MOTION for Preliminary Injunction (Memorandum in Opposition Supported by Declaration of Richard Cameron document #6) filed by Richard Cameron, Carson Optical, Inc.. (Gunningsmith, Damian) |
| Filing 9 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint) (Rocco, Christine) |
| Filing 8 Summons Issued as to Richard Cameron, Carson Optical, Inc.. (Attachments: #1 Summon) (Davis, Kimberly) |
| Filing 7 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. (Davis, Kimberly) |
| Filing 6 DECLARATION OF RICHARD CAMERON by Richard Cameron, Carson Optical, Inc. (Attachments: #1 Exhibit A to Declaration, #2 Exhibit B to Declaration, #3 Exhibit C to Declaration, #4 Exhibit D to Declaration, #5 Exhibit E to Declaration, #6 Exhibit F to Declaration, #7 Exhibit G to Declaration, #8 Exhibit H to Declaration, #9 Exhibit I to Declaration, #10 Exhibit J to Declaration, #11 Exhibit K to Declaration) (Gunningsmith, Damian) |
| Filing 5 NOTICE of Appearance by Damian Kevin Gunningsmith on behalf of Richard Cameron, Carson Optical, Inc. (aty to be noticed) (Gunningsmith, Damian) |
| Filing 4 NOTICE of Appearance by John Richard Horvack on behalf of Richard Cameron, Carson Optical, Inc. (aty to be noticed) (Horvack, John) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. Additionally, case is reassigned to Office Code 1: Brooklyn as per civil cover sheet Rule 50.1(d)(2). (Rodin, Deanna) |
| Case Assigned to Judge Carol Bagley Amon and Magistrate Judge Ramon E. Reyes, Jr. 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. Motions referred to Ramon E. Reyes, Jr. (Davis, Kimberly) |
| Filing 2 Proposed MOTION for Temporary Restraining Order and proposed ORDER TO SHOW CAUSE for, MOTION for Preliminary Injunction by RQ Innovasion, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Brendan Zheng, #3 Declaration of Justin Mercer, Esq. pursuant to Local Civil Rule 6.1(d)) (Mercer, Justin) |
| Filing 1 COMPLAINT against Richard Cameron, Carson Optical, Inc. filing fee $ 400, receipt number ANYEDC-11635624 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by RQ Innovasion, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons) (Mercer, Justin) |
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