Vans, Inc. et al v. MSCHF Product Studio, Inc.
Vans, Inc. and VF Outdoor, LLC. |
MSCHF Product Studio, Inc. |
Rebecca L Tushnet |
1:2022cv02156 |
April 14, 2022 |
U.S. District Court for the Eastern District of New York |
William F Kuntz |
Robert M Levy |
Trademark |
15 U.S.C. § 1051 Trademark Infringement |
Plaintiff |
Docket Report
This docket was last retrieved on June 10, 2022. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 54 MEMORANDUM in Opposition re #46 MOTION to Stay re #40 Order on Motion for TRO,,,,,,,,, /Notice of Motion to Partially Stay Preliminary Injunction, Require Plaintiff to Post a Bond, and Rescind Escrow Requirement, #47 Memorandum in Support, filed by VF Outdoor, LLC., Vans, Inc.. (Greene, Tanya) |
Filing 53 NOTICE of Appearance by Matthew William Cornelia on behalf of VF Outdoor, LLC., Vans, Inc. (notification declined or already on case) (Cornelia, Matthew) |
Filing 52 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15619485. by VF Outdoor, LLC., Vans, Inc.. (Attachments: #1 Affidavit in Support of Matthew W. Cornelia's Motion to Admit Counsel Pro Hac Vice, #2 Proposed Order, #3 Certificate of Good Standing) (Cornelia, Matthew) |
![]() |
Filing 51 DECLARATION re #40 Order on Motion for TRO,,,,,,,,, of John F. Belcaster Re Defendant's Compliance with April 29, 2022 Decision & Order by MSCHF Product Studio, Inc. (Bernstein, David) |
![]() |
Filing 49 REPLY in Support re #42 Letter MOTION for Contempt filed by VF Outdoor, LLC., Vans, Inc.. (Attachments: #1 Declaration of Tanya L. Greene in Support of Plaintiff's Motion for Contempt, #2 Exhibit A-Shipment Notification, #3 Exhibit B-Shipment Notification, #4 Exhibit C-Shipment Notification, #5 Exhibit D-Demonstrative Exhibit, #6 Exhibit E-Kernan Linkedin) (Greene, Tanya) |
Filing 48 Proposed Scheduling Order / Joint Stipulation and [Proposed] Order Setting Briefing Schedule for Defendant's Motion for Partial Stay by MSCHF Product Studio, Inc. (Bernstein, David) |
Filing 47 MEMORANDUM in Support re #46 MOTION to Stay re #40 Order on Motion for TRO,,,,,,,,, /Notice of Motion to Partially Stay Preliminary Injunction, Require Plaintiff to Post a Bond, and Rescind Escrow Requirement filed by MSCHF Product Studio, Inc.. (Bernstein, David) |
Filing 46 MOTION to Stay re #40 Order on Motion for TRO,,,,,,,,, /Notice of Motion to Partially Stay Preliminary Injunction, Require Plaintiff to Post a Bond, and Rescind Escrow Requirement by MSCHF Product Studio, Inc.. (Bernstein, David) |
Filing 45 AFFIDAVIT/DECLARATION in Opposition re #42 Letter MOTION for Contempt /Declaration of James Kernan in Opposition filed by MSCHF Product Studio, Inc.. (Attachments: #1 Exhibit 1 - E-Mails between Kernan and Clark 4-13-22, #2 Exhibit 2 E-mails between Kernan and Hanjia 04-27-22, #3 Exhibit 3 E-mails between Kernan, Hanjia, Wu, Dong, #4 Exhibit 4 5-11-22 DHL Letter to LW12 Requesting Reroute Approval, #5 Exhibit 5 E-mails between LW12 and Buku May 16, #6 Exhibit 6 E-mails between Krowicki and LW12 May 18-19, #7 Exhibit 7 E-mails between Kernan and LW12 April 29) (Bernstein, David) |
Filing 44 MEMORANDUM in Opposition re #42 Letter MOTION for Contempt filed by MSCHF Product Studio, Inc.. (Bernstein, David) |
![]() |
Filing 42 Letter MOTION for Contempt by VF Outdoor, LLC., Vans, Inc.. (Greene, Tanya) |
Electronic Index to Record on Appeal sent to US Court of Appeals. #41 Notice of Interlocutory Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Jones, Vasean) |
Filing 41 NOTICE OF APPEAL as to #40 Order on Motion for TRO,,,,,,,,, by MSCHF Product Studio, Inc.. Filing fee $ 505, receipt number ANYEDC-15527085. Appeal Record due by 5/16/2022. (Bernstein, David) |
![]() |
Filing 39 NOTICE of Appearance by Michael L. Simes on behalf of VF Outdoor, LLC., Vans, Inc. (aty to be noticed) (Simes, Michael) |
Filing 38 AFFIDAVIT/DECLARATION in Opposition re #12 Emergency MOTION for Temporary Restraining Order and Order To Show Cause for Preliminary Injunction Second Supplemental Declaration of Gabriel Whaley filed by MSCHF Product Studio, Inc.. (O'Toole, Nicole) |
Filing 37 NOTICE of Appearance by John Belcaster on behalf of All Defendants (notification declined or already on case) (Belcaster, John) |
Minute Entry for proceedings held before Judge William F. Kuntz, II: Show Cause Hearing held on 4/27/2022. Case called. Counsel Lucy Wheatley, Tanya Greene, Philip A. Goldstein appeared on behalf of the Plaintiffs. Counsel Megan Bannigan, David Bernstein, John Belcaster, Marissa MacAneney appeared on behalf of the Defendant. Oral Arguments were made. Plaintiffs' Exhibit 1 (Vans Old Skool Original and Wavy Baby) was marked and admitted into evidence. Plaintiffs' demonstrative presentation was marked and admitted into evidence. Defendant's Exhibit entitled the "Complex Sneakers" (podcast) was marked and admitted into evidence. (Court Reporter David Roy.) (Yu, Stephanie) |
![]() |
Filing 36 NOTICE of Appearance by Lucy Jewett Wheatley on behalf of VF Outdoor, LLC., Vans, Inc. (notification declined or already on case) (Wheatley, Lucy) |
Filing 35 NOTICE of Appearance by Tanya Greene on behalf of VF Outdoor, LLC., Vans, Inc. (notification declined or already on case) (Greene, Tanya) |
Filing 34 MOTION for Leave to File Document Second Supplemental Declaration of Gabriel Whaley by MSCHF Product Studio, Inc.. (Attachments: #1 Affidavit Exhibit 1, #2 Exhibit 2) (O'Toole, Nicole) |
Filing 33 Amicus Curiae APPEARANCE entered by Rebecca Tushnet on behalf of Rebecca L Tushnet (Tushnet, Rebecca) |
Filing 32 MOTION for Leave to File Document by Rebecca L Tushnet. (Attachments: #1 Memorandum in Support Motion and memorandum in support of motion for leave to file amicus, #2 Exhibit proposed amicus, #3 Proposed Order) (Tushnet, Rebecca) |
Filing 31 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15504383. by Rebecca L Tushnet. (Attachments: #1 Affidavit, #2 Appendix Certificate of Good Standing) (Tushnet, Rebecca) |
Filing 30 Notice of MOTION to Appear Pro Hac Vice of John Belcaster Filing fee $ 150, receipt number ANYEDC-15503668. by MSCHF Product Studio, Inc.. (Attachments: #1 Proposed Order, #2 Affidavit, #3 Good Standing) (Belcaster, John) |
![]() |
![]() |
![]() |
![]() |
![]() |
Filing 29 EXHIBIT 8 to Rosendahl Declaration (Corrected) by VF Outdoor, LLC., Vans, Inc.. Related document: #27 Reply in Support,,, filed by Vans, Inc., VF Outdoor, LLC.. (Greene, Tanya) |
Filing 28 MOTION to Strike #23 Affidavit in Opposition to Motion by VF Outdoor, LLC., Vans, Inc.. (Attachments: #1 Memorandum of Law, #2 Certificate of Service) (Greene, Tanya) |
Filing 27 REPLY in Support re #12 Emergency MOTION for Temporary Restraining Order and Order To Show Cause for Preliminary Injunction filed by VF Outdoor, LLC., Vans, Inc.. (Attachments: #1 Exhibit 1-Revised Proposed Order, #2 Declaration of Aaron Silverstein in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction, #3 Declaration of Matthew G. Rosendahl in Support of Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction, #4 Exhibit 1 to Rosendahl Declaration, #5 Exhibit 2 to Rosendahl Declaration, #6 Exhibit 3 to Rosendahl Declaration, #7 Exhibit 4 to Rosendahl Declaration, #8 Exhibit 5 to Rosendahl Declaration, #9 Exhibit 6 to Rosendahl Declaration, #10 Exhibit 7 to Rosendahl Declaration, #11 Exhibit 8 to Rosendahl Declaration, #12 Exhibit 9 to Rosendahl Declaration, #13 Exhibit 10 to Rosendahl Declaration, #14 Exhibit 11 to Rosendahl Declaration) (Greene, Tanya) |
Filing 26 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number CNYEDC-15497680. by VF Outdoor, LLC., Vans, Inc.. (Attachments: #1 Affidavit in Support of Lucy J. Wheatley Motion to Admit Counsel Pro Hac Vice, #2 Proposed Order, #3 Certificates of Good Standing) (Wheatley, Lucy) |
Filing 25 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number BNYEDC-15494719. by MSCHF Product Studio, Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Proposed Order) (O'Toole, Nicole) |
![]() |
![]() |
Filing 24 Letter MOTION for Extension of Time to File / Letter re: Defendant's April 20, 2022 Filings by MSCHF Product Studio, Inc.. (Bernstein, David) |
Filing 23 AFFIDAVIT/DECLARATION in Opposition re #12 Emergency MOTION for Temporary Restraining Order and Order To Show Cause for Preliminary Injunction Expert Declaration of Anand filed by MSCHF Product Studio, Inc.. (Bannigan, Megan) |
Filing 22 AFFIDAVIT/DECLARATION in Opposition re #12 Emergency MOTION for Temporary Restraining Order and Order To Show Cause for Preliminary Injunction filed by MSCHF Product Studio, Inc.. (Attachments: #1 Exhibit MSCHF's Wavy Baby, #2 Exhibit Vans Old Skool) (Bernstein, David) |
Filing 21 MEMORANDUM in Opposition re #20 Order to Show Cause,,,,,, filed by MSCHF Product Studio, Inc.. (Bernstein, David) |
![]() |
Filing 19 MOTION to Appear Pro Hac Vice for William D. Patterson Filing fee $ 150, receipt number ANYEDC-15481926. by MSCHF Product Studio, Inc.. (Attachments: #1 Affidavit in support of motion to admit William D. Patterson pro hac vice, #2 Certificate of Good Standing for William D. Patterson, #3 Proposed Order) (Patterson, William) |
Filing 18 AFFIDAVIT/DECLARATION in Opposition re #12 Emergency MOTION for Temporary Restraining Order and Order To Show Cause for Preliminary Injunction /Declaration of Gabriel Whaley in Opposition filed by MSCHF Product Studio, Inc.. (Attachments: #1 Exhibit 1 MSCHF Drop 73, Vinyl Blade, #2 Exhibit 2 MSCHF Drop 72, Childrens Crusade, #3 Exhibit 3 MSCHF Drop 66, Only Bags, #4 Exhibit 4 MSCHF Drop 67, BLUR, #5 Exhibit 5 MSCHF Drop 71, BLUR.., #6 Exhibit 6 MSCHF Drop 70, MSAT, #7 Exhibit 7 MSCHF Drop 69, Kickstart Your Broken Heart, #8 Exhibit 8 MSCHF Drop 68, C&D Grand Prix, #9 Exhibit 9 MSCHF Drop 34, blur, #10 Exhibit 10 MSCHF Drop 39, Birkinstock, #11 Exhibit 11 Digital Trends Article, #12 Exhibit 12 Friedman, NY Times Article, #13 Exhibit 13 Holland, CNN Article, #14 Exhibit 14 Leskin and Akhtar, Business Insider Article, #15 Exhibit 15 Dumas, Esquire Article, #16 Exhibit 16 Stephen, The Verge Article, #17 Exhibit 17 Paton, NY Times Article, #18 Exhibit 18 @hypebeast, TikTok, #19 Exhibit 19 Instagram, Phillips Auction House, #20 Exhibit 20 Osei, High Snobiety Article, #21 Exhibit 21 Cowen, Complex Article, #22 Exhibit 22 - Silbert, September 2021 High Snobiety Article) (Bernstein, David) |
Filing 17 AFFIDAVIT/DECLARATION in Opposition re #12 Emergency MOTION for Temporary Restraining Order and Order To Show Cause for Preliminary Injunction /Declaration of Kevin Wiesner in Opposition filed by MSCHF Product Studio, Inc.. (Attachments: #1 Exhibit 1 Wavy Baby Manifesto, #2 Exhibit 2 Tyga, Doja Cat - Freaky Deaky YouTube Video, #3 Exhibit 3 @byjaadiee Instagram Reel, #4 Exhibit 4 Dwyer, Sneaker Freaker Article, #5 Exhibit 5 Silbert, April 6 High Snobriety Article, #6 Exhibit 6 Silbert, April 16 High Snobriety Article, #7 Exhibit 7 @thedropdon TikTok, #8 Exhibit 8 Instagram, Pasta Maker Meme, #9 Exhibit 9 TikTok, Microwave Clip) (Bernstein, David) |
Filing 16 WAIVER OF SERVICE Returned Executed by Vans, Inc., VF Outdoor, LLC.. MSCHF Product Studio, Inc. waiver sent on 4/15/2022, answer due 6/14/2022. (Greene, Tanya) |
Filing 15 AFFIDAVIT/DECLARATION in Opposition re #12 Emergency MOTION for Temporary Restraining Order and Order To Show Cause for Preliminary Injunction filed by MSCHF Product Studio, Inc.. (Attachments: #1 Exhibit 1 Third Party Skate Shoes, #2 Exhibit 2 Third Party Style Names, #3 Exhibit 3 Third Party Trademark Registrations Containing WAVE OR SIMILAR, #4 Exhibit 4 Third Party Trademark Registrations Containing WAVY OR SIMILAR) (MacAneney, Marissa) |
Filing 14 AFFIDAVIT/DECLARATION in Opposition re #12 Emergency MOTION for Temporary Restraining Order and Order To Show Cause for Preliminary Injunction filed by MSCHF Product Studio, Inc.. (Bernstein, David) |
Filing 13 MEMORANDUM in Opposition re #12 Emergency MOTION for Temporary Restraining Order and Order To Show Cause for Preliminary Injunction filed by MSCHF Product Studio, Inc.. (Bernstein, David) |
![]() |
Filing 12 Emergency MOTION for Temporary Restraining Order and Order To Show Cause for Preliminary Injunction by VF Outdoor, LLC., Vans, Inc.. (Attachments: #1 Memorandum in Support of Plaintiffs' Motion for a Temporary Restraining Order & Preliminary Injunction, #2 Declaration of Kia Wimmer in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction with Exhibits, #3 Declaration of Matthew G. Rosendahl in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction with Exhibits, #4 Declaration of Justin Regan in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction, #5 Declaration of Tanya L. Greene in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction with Exhibits, #6 Declaration of Rian Pozzebon in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction, #7 Declaration of Daniel Callahan in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction) (Goldstein, Philip) |
Filing 11 NOTICE of Appearance by Timothy Joseph Cuffman on behalf of MSCHF Product Studio, Inc. (aty to be noticed) (Cuffman, Timothy) |
Filing 10 NOTICE of Appearance by Marissa P. MacAneney on behalf of MSCHF Product Studio, Inc. (aty to be noticed) (MacAneney, Marissa) |
Filing 9 NOTICE of Appearance by Megan K. Bannigan on behalf of MSCHF Product Studio, Inc. (aty to be noticed) (Bannigan, Megan) |
Filing 8 NOTICE of Appearance by David H. Bernstein on behalf of MSCHF Product Studio, Inc. (aty to be noticed) (Bernstein, David) |
Filing 7 Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 complaint) (Rocco, Christine) |
Filing 6 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15477314. by VF Outdoor, LLC., Vans, Inc.. (Attachments: #1 Affidavit in Support of Tanya L. Greene Motion to Admit Counsel Pro Hac Vice, #2 Proposed Order, #3 Certificate of Good Standing) (Greene, Tanya) |
Filing 5 Corporate Disclosure Statement by VF Outdoor, LLC., Vans, Inc. identifying Corporate Parent VF Outdoor, LLC, Corporate Parent V. F. Corporation for VF Outdoor, LLC., Vans, Inc.. (Goldstein, Philip) |
Filing 4 Summons Issued as to MSCHF Product Studio, Inc.. (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) |
Filing 1 COMPLAINT against MSCHF Product Studio, Inc. filing fee $ 402, receipt number ANYEDC-15475844 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Vans, Inc., VF Outdoor, LLC.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Form AO 120) (Goldstein, Philip) |
![]() |
Case Assigned to Judge William F. Kuntz, II and Magistrate Judge Robert M. Levy. 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) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.