George & Company LLC v. Spin Master Corp. et al
| George & Company LLC |
| Spin Master Corp. and Spin Master Ltd. |
| 1:2020cv04082 |
| September 1, 2020 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Rachel P Kovner |
| Trademark |
| 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 12 REPLY in Opposition re #10 Letter Plaintiff's Reply in Opposition to Defendants Request for A Pre-Motion Conference filed by George & Company LLC. (Zampogna, Christopher) |
| Filing 11 Letter MOTION to Strike #9 Letter,, Response to Order to Show Cause, and Object to Order to Show Cause by George & Company LLC. (Zampogna, Christopher) |
| Filing 10 Letter to the Hon. Rachel P. Kover Requesting a Pre-Motion Conference re Anticipated Motion to Dismiss by Spin Master Corp., Spin Master Ltd. (MacLean, Justin) |
| Filing 9 Letter to The Hon. Sanket Bulsara by Spin Master Corp., Spin Master Ltd., RESPONSE TO ORDER TO SHOW CAUSE by Spin Master Corp., Spin Master Ltd. (Attachments: #1 Declaration of Valerie Ho iso Defendants' Response to Plaintiff's Response to OSC re Dismissal and/or Sanctions) (MacLean, Justin) |
| Filing 8 NOTICE of Appearance by Justin Albano MacLean on behalf of All Defendants (aty to be noticed) (MacLean, Justin) |
ORDER: Defendants shall file a response to Plaintiff's Letter in Response To Court's Order to Show Cause by 10/5/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/27/2020. (Farrell, Gillian)
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| Filing 7 Letter In Response To Court's Order to Show Cause by George & Company LLC (Zampogna, Christopher) |
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ORDER TO SHOW CAUSE: Plaintiff George & Company LLC ("George & Co.") has initiated a third case in this district to accompany case Nos. 19-cv-4391 and 19-cv-4833, all of which name Spin Master Corporation or a similar entity as a defendant. In 19-cv-4391 and 19-cv-4833, the Court issued an opinion denying George & Co.'s motion to amend the Complaint. In that order, the Court noted that, "[t]he parties have been litigating this case in multiple courts for over two years with little forward progress to resolution. George & Co. amended the complaint five times while the case was in the Middle District of Florida. (See Case No. 19-CV-4883, Dkt. Nos. 24, 48, 55, 72, 97). It initiated a separate case with a new complaint in this District. Taken together, George & Co. has filed seven complaints and this new amended pleading would be its eighth complaint." George & Co. LLC v. Spin Master Corp., No. 19-CV-4391-RPK-SJB, 2020 WL 3865098, at *7 (E.D.N.Y. July 7, 2020). Furthermore, the new Complaint alleges a single claim -- cancellation of the trademark -- which Plaintiff sought to add in the other cases, and which was the subject of the motion to amend. Id. at *5. The Court found that Plaintiff had no reasonable basis to delay moving to add this claim, and also that adding such a claim would be in violation of this Court's Rule 16 scheduling order. Id. at *5-*6. The Court therefore prohibited George & Co. from adding this or any other claim to the Complaint. At this point, it appears that George & Co. is attempting to do an end-run around this Court's prior orders and improperly seeking amendment. See Curtis v. Citibank, N.A., 226 F.3d 133, 140 (2d Cir. 2000) ("plaintiffs may not file duplicative complaints in order to expand their legal rights"). George & Co. shall file a letter not to exceed 3 pages by 9/25/2020 explaining why it and its counsel should not be sanctioned for violating Court orders and why the Court should not sua sponte dismiss the Complaint in 20-cv-4082 for violating the Court's prior order denying a prior motion to amend. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/22/2020. (Farrell, Gillian)
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| Filing 6 SUMMONS Returned Executed by George & Company LLC. Spin Master Ltd. served on 9/14/2020, answer due 10/5/2020. (Zampogna, Christopher) |
| Filing 5 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint) (Rocco, Christine) |
| Filing 4 Summons Issued as to Spin Master Corp., Spin Master Ltd.. (Attachments: #1 Summons) (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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) |
| Case Assigned to Judge Margo K. Brodie and Magistrate Judge Steven M. Gold. 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. (Davis, Kimberly) |
| Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Davis, Kimberly) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Rachel P. Kovner and Magistrate Judge Sanket J. Bulsara for all further proceedings. Judge Margo K. Brodie, Magistrate Judge Steven M. Gold 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 Roslynn R. Mauskopf on 9/2/2020. (Davis, Kimberly)
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| Filing 1 COMPLAINT for Trademark Cancellation against George & Company LLC filing fee $ 400, receipt number ANYEDC-13297934 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by George & Company LLC. (Attachments: #1 Civil Cover Sheet George & Company LLC's Civil Cover Sheet, #2 Proposed Summons Summons for Spin Master Corp, #3 Proposed Summons Summons for Spin Master Ltd) (Zampogna, Christopher) |
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