S & L Vitamins, Inc. v. Australian Gold, Inc.
Plaintiff S & L Vitamins, Inc. seeks a declaratory judgment of non-infringement of trademark rights and non-interference with contract and for unfair competition. Plaintiff sells tanning products on its website SuppleNet.com that are manufactured by defendant Australian Gold, Inc.
Additional Resources
- Yet Another NY Court Says Keyword Ads & Metatags Aren't TM Use in Commerce--S&L Vitamins v. Australian Gold. Professor Eric Goldman's Technology & Marketing Law Blog.
S & L Vitamins, Inc. |
Australian Gold, Inc. |
Australian Gold, Inc. |
S & L Vitamins, Inc. |
Australian Gold, Inc. |
John Does 1-10 and Larry Sagarin |
2:2005cv01217 |
March 4, 2005 |
US District Court for the Eastern District of New York |
Central Islip Office |
Suffolk |
Michael L. Orenstein |
Joanna Seybert |
Trademark |
28 U.S.C. § 2201 Declaratory Judgement |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 117 Letter to the Honorable Michael L. Orenstein, Australian Gold respecfully requests that the Court adjourn the upcoming September 11, 2007 status conference. We have conferred with counsel for S&L Vitamins who has advised that his client consents to this adjournment. This is the parties' first request for an adjournment. by Australian Gold, Inc. (Earley, Francis) |
Filing 115 Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 8/2/2007 Status Conference set for 9/11/2007 11:30 AM before Magistrate-Judge Michael L. Orenstein. Motion to reopen discovery at this late statge while defendant's motion for summary judgment is pending is denied without prejudice to a renewal by defendant after the determination is made on the summary judgment motion. (Imrie, Robert) |
Filing 114 Letter Opposing Additional Discovery by S & L Vitamins, Inc., Larry Sagarin (Coleman, Ronald) |
Filing 113 Re Doc #112: You are required to file all original documents electronically. In the future, please ensure that all original documents in this action are filed electronically. Clearly marked hard copy-courtesy documents should be submitted to Chambers. Courtesy copies should also indicate that the original of the submitted document has already been electronically filed. (Imrie, Robert) |
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Filing 108 Letter to Honorable Michael L. Orenstein by Australian Gold, Inc. (Earley, Francis) |
Filing 107 Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 3/19/2007 Status Conference set for 6/1/2007 02:30 AM before Chief Magistrate Michael L. Orenstein. Dispositive motion remains pending. Conference adjourned to above date. (Imrie, Robert) |
Filing 106 MEMORANDUM in Opposition re 100 MOTION for Summary Judgment - Australian Gold's Memorandum of Law In Opposition to S&L Vitamins' Motion for Summary Judgment by Australian Gold, Inc.. (Earley, Francis) |
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Filing 103 Letter to Honorable Michael L. Orenstein requesting an adjournment of the 12/21/06 status conference by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
Filing 102 MOTION for Partial Summary Judgment Australian Gold's Brief In Support of Motion for Partial Summary Judgment by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) Modified on 10/5/2007 (Mahon, Cinthia). |
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Filing 98 MOTION for Extension of Time to File Summary Judgment Briefs (Letter to Judge Joanna Seybert) by Australian Gold, Inc.. (Matthews, Scott) |
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Filing 96 Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 10/30/2006. Status Conference set for 12/21/2006 03:00 PM before Chief Magistrate Michael L. Orenstein. If all papers have been filed Court will adjourn conference upon written (ECF) request. (Imrie, Robert) |
Filing 94 NOTICE of Hearing: Pre-Motion Conference set for 10/30/2006 at 3:00pm in Courtroom 1030 before Judge Joanna Seybert. This conference will precede the one previously scheduled by Magistrate Judge Michael Orenstein for 4:00pm.(Baran, Charles) |
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Filing 91 Letter Requesting Adjournment of Status Conference by Larry Sagarin, S & L Vitamins, Inc., S & L Vitamins, Inc., Larry Sagarin, Larry Sagarin, S & L Vitamins, Inc.. (Coleman, Ronald) |
Filing 83 Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 9/6/2006. Status Conference set for 10/13/2006 11:30 AM before Chief Magistrate Michael L. Orenstein. If parties have moved to schedule pre-motion conference Court will adjourn next conference or written (ECF) request. Defendant / third party plaintiff has reached a settlement in principal with the third party defendant. Defendant will serve its responsive 56.1 statement and its 56.1 statement by 9/28/06 and plaintiff will serve its responsive 56.1 statement within 7 days thereafter. Parties will then seek a pre-motion conference. (Imrie, Robert) |
Filing 82 Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 7/18/2006. Status Conference set for 9/6/2006 03:30 PM before Chief Magistrate Michael L. Orenstein. All discovery is complete. All parties represent they will seek a pre-motion conference as a prelude for summary judgment. Third party defendant, needs no discovery, and will serve and file a pleading within 30 days. if parties have moved to schedule pre-motion conference then Court will adjourn next conference on written (ECF) notice. (Imrie, Robert) |
Filing 81 Letter to Magistrate Judge Michael L. Orenstein by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
Filing 80 Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 5/16/2006. Status Conference set for 7/18/2006 02:00 PM before Chief Magistrate Michael L. Orenstein. Parties discussing settlement. All parties agree to stay hostilities for 60 days. New party, Yucatan's time to plead is extended for 60 days upon consent. (Imrie, Robert) |
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Filing 78 Letter to Magistrate Judge Orenstein by S & L Vitamins, Inc.. (Stein, David) |
Filing 75 Letter to Magistrate Judge Orenstein by S & L Vitamins, Inc.. (Stein, David) |
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Filing 72 ANSWER to Third Party Complaint by S & L Vitamins, Inc., Larry Sagarin.(Stein, David) |
Filing 70 Letter to Magistrate Judge Orenstein in response to S&L Vitamins' 4/4/06 letter (Docket No. 69) by Australian Gold, Inc.. (Matthews, Scott) |
Filing 69 Letter to Magistrate Judge Orenstein by S & L Vitamins, Inc.. (Stein, David) |
Filing 73 Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 3/31/2006. Status Conference set for 5/16/2006 02:00 PM before Chief Magistrate Michael L. Orenstein. Court strongly suggested that parties (all) resolve this case before the next conference. Defendant shall provide the contract with 3rd party defendant and bring it up to speed with regard to the prior discovery and addition as a party to the protective order. (Imrie, Robert) |
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Filing 61 Letter by S & L Vitamins, Inc., Larry Sagarin. (Stein, David) |
Filing 60 NOTICE of Change of Firm Name and Address by Scott D Matthews Notice of Change of Firm Form and Name (Matthews, Scott) |
Filing 59 Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 12/20/2005, Status Conference set for 3/31/2006 10:30 AM before Chief Magistrate Michael L. Orenstein. Court extended time to serve and file an amended third-party complaint adding third-party defts to 2/15/06 except that the non-party who served a response to the Rule 45 subpoena shall be joined by 1/19/06. Scheduling Order remains intact otherwise. (Imrie, Robert) |
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Filing 57 Letter from Francis J. Earley, Esq to Honorable Michael L. Orenstein Regarding rescheduling 12/23/05 conference. (Earley, Francis) |
Filing 56 MEMORANDUM in Support re 53 MOTION to Compel Production of Documents by non-parties by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
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Filing 51 MOTION for Extension of Time to Amend 39 Amended Answer to Complaint,,, Third Party Complaint,,, Counterclaim,, to Extend Time to Join Additional Parties and Amend the Pleadings by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
Filing 47 Letter from Francis J. Earley, Esq. to Magistrate Judge Michael L. Orenstein Regarding response to Plaintiff's Letter dated November 21, 2005. (Earley, Francis) |
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Filing 45 Letter from Francis J. Earley, Esq. to Magistrate Judge Michael L. Orenstein Regarding Docket #42 - Motion to Compel Production of Documents by Non-Party Witness. (Earley, Francis) |
Filing 44 MEMORANDUM in Support re 42 MOTION to Compel Production of Documents by Non-Party Witness by Australian Gold, Inc. (Earley, Francis) (Unredacted version filed under seal) Modified on 11/7/2005 (Valle, Christine). |
Filing 40 Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 10/20/2005. Discovery due by 3/31/2006. Pretrial Conference set for 4/14/2006 10:00 AM before Chief Magistrate Michael L. Orenstein. Court encouraged counsel to go back to clients and recommend they reach a settlement. (Imrie, Robert) |
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Filing 37 MEMORANDUM in Opposition re 26 First MOTION to Dismiss and for Judgment on the Pleadings by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
Filing 36 RESPONSE to Motion re 32 Notice of MOTION to Amend/Correct 22 Amended Answer to Complaint,, Third Party Complaint,, Counterclaim, filed by S & L Vitamins, Inc., S & L Vitamins, Inc., Larry Sagarin, S & L Vitamins, Inc.. (Stein, David) |
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Filing 31 Letter from Coleman Law Firm to Hon. Michael L. Orenstein, USMJ Regarding Defendant's correspondence concerning disclosures. (Coleman, Ronald) |
Filing 29 Letter from Francis J. Earley, Esq. to Magistrate Judge Michael L. Orenstein Regarding S & L Vitamins failure to comply with the Court Order to provide the names of its suppliers; and therefore, we request that the Court dismiss S & L Vitamins complaint and enter an injunction barring S & L Vitamins from selling Australian Gold products on the internet. (Earley, Francis) |
Filing 28 ANSWER to Counterclaim and Third Party Complaint by S & L Vitamins, Inc., Larry Sagarin, Larry Sagarin, S & L Vitamins, Inc..(Coleman, Ronald) |
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Filing 24 STIPULATION Stipulated Protective Order by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
Filing 30 AFFIDAVIT of Service Re: 17 & 18 Orders, dated 7/18/05 granting Pro Hac Vice admissions served upon Ronald D. Coleman on 7/28/05, filed by Australian Gold, Inc. (Valle, Christine) |
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Filing 16 Letter from Francis J. Earley, Esq. to Magistrate Judge Michael L. Orenstein Regarding updated Certificates of Good Standing for Michael Wukmer and Scott Matthews. (Earley, Francis) |
Filing 15 STIPULATION re 11 First MOTION to Dismiss Counterclaims and Third Party Complaint Extending Counterclaim Plaintiff/Third Party Plaintiff's time to oppose by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
Filing 14 PROPOSED Order admitting Michael Wukmer and Scott Matthews by Australian Gold, Inc. Re: 13 Motion for Leave to Appear Pro Hac Vice. (Earley, Francis) Modified on 7/8/2005 (Valle, Christine). |
Filing 12 BRIEF IN SUPPORT Re: First MOTION to Dismiss Counterclaims and Third Party Complaint by S & L Vitamins, Inc., Larry Sagarin. Responses due by 7/14/2005 (Attachments: #(1) Text of Proposed Order; #(2)(Coleman, Ronald) Modified on 7/1/2005 (Valle, Christine). |
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Filing 9 STIPULATION Extending Time to Answer etc. by S & L Vitamins, Inc., S & L Vitamins, Inc., Larry Sagarin. (Coleman, Ronald) |
Filing 4 Letter from Francis J. Earley to Judge Joanna Seybert Regarding Extension of time to answer the complaint. (Earley, Francis) |
Filing 3 NOTICE of Appearance by Francis J Earley on behalf of Australian Gold, Inc. (Earley, Francis) |
Filing 2 Notice of Report on the filing of an action regarding a Patent, Trademark or Copyright Infringement. (Duong, Susan) |
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