Marquis Who's Who Ventures LLC v. Revenueboost LLC
| Marquis Who's Who Ventures LLC |
| Revenueboost LLC |
| 2:2023cv01043 |
| February 8, 2023 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| James M Wicks |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2023. A more recent docket listing may be available from PACER.
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ORDER granting #17 Motion for Leave to Appear Pro Hac Vice. The Motion of Attorney Mason S Cole for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, with registration being available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge James M. Wicks on 3/29/2023. (MSH)
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ORDER. The return date for Attorney Mason S Cole's Motion to Appear Pro Hac Vice shall be on March 29, 2023. In accordance with this Court's Individual Practice Rules, any opposition must be filed by March 21, 2023. So Ordered by Magistrate Judge James M. Wicks on 3/23/2023. (MSH)
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| Filing 17 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16525332. by Revenueboost LLC. (Cole, Mason) |
| Filing 16 ANSWER to #1 Complaint, by Revenueboost LLC. (Feller, Mitchell) |
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Filing 15
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via Zoom will be held April 18, 2023, at 12:00 PM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than April 11, 2023. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 3/10/2023. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Practice Rules) (DF)
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ORDER granting #14 Motion for Extension of Time to Answer. The time within which Defendant shall respond to the complaint is hereby extended to and including March 17, 2023. So Ordered by Magistrate Judge James M. Wicks on 3/8/2023. (Wicks, James)
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| Filing 14 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Revenueboost LLC. (Attachments: #1 Proposed Order) (Feller, Mitchell) |
| Filing 13 NOTICE of Appearance by Mitchell S. Feller on behalf of Revenueboost LLC (aty to be noticed) (Feller, Mitchell) |
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Filing 12
ORDER FOR A PRELIMINARY INJUNCTION: As explained in the attached order, and for the reasons set out on the record at the 2/16/2023 hearing, defendant RevenueBoost LLC is preliminarily enjoined from (1) using any of plaintiffs registered trademarksnamely Trademark Registration Nos. 378,389 (Whos Who in America); 509,921 (Who Was Who in America); 991,399 (Whos Who); 1,923,629 (Marquis); and 3,082,435 (Marquis Whos Who)in commerce in any way, for any reason, and for any purpose; and (2) using, disclosing, or disseminating all or part of the contents of plaintiffs confidential customer email list in any way, for any purpose, and to any third party during the pendency of this litigation. Ordered by Judge Rachel P. Kovner on 2/27/2023. (SDC)
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MINUTE ENTRY AND ORDER: An in-person hearing on plaintiffs #6 motion for a preliminary injunction was held before Judge Rachel P. Kovner on 2/27/2023. Douglas Rowe appeared on behalf of plaintiff Marquis Who's Who Ventures LLC. Defendant did not appear. The Court took plaintiffs unopposed motion under advisement. Ordered by Judge Rachel P. Kovner on 2/27/2023. (Court reporter: Avery Armstrong) (SDC)
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| Filing 11 AFFIDAVIT of Service for Two Court Docket Text 2/16/2023 and Document No. 10 via Overnight Mail (Fed Ex) and E-Mail served on Revenueboost LLC on 02/16/2023, filed by Marquis Who's Who Ventures LLC. (Rowe, Douglas) |
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Filing 10
TEMPORARY RESTRAINING ORDER & ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED UNDER FED. R. CIV. P. 65(b). As explained in the attached order, and for the reasons set out on the record at the 2/16/2023 hearing, defendant RevenueBoost LLC is temporarily enjoined from (1) using any of plaintiff's registered trademarks--namely Trademark Registration Nos. 378,389 ("Who's Who in America"); 509,921 ("Who Was Who in America"); 991,399 ("Who's Who"); 1,923,629 ("Marquis"); and 3,082,435 ("Marquis Who's Who")--in commerce in any way, for any reason, and for any purpose; and (2) using, disclosing, or disseminating all or part of the contents of plaintiff's confidential customer email list in any way, for any purpose, and to any third party. Defendant is further ordered to show cause before this Court on February 27, 2023 at 3:00 PM in Courtroom 4E-N why an Order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure preliminarily enjoining defendant from taking the same actions just described pending trial in this matter. Briefing on #6 plaintiff's motion for a preliminary injunction will proceed according to the schedule set out in this Court's 2/10/2023 order to show cause. Ordered by Judge Rachel P. Kovner on 2/16/2023. (SDC)
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MINUTE ENTRY AND ORDER: An in-person hearing on plaintiff's #6 motion for a temporary restraining order was held before Judge Rachel P. Kovner on 2/16/2023. Douglas Rowe and Joshua Feldman appeared on behalf of plaintiff Marquis Who's Who Ventures LLC. Defendant did not appear. For the reasons stated on the record, the Court granted plaintiff's motion in part and scheduled a hearing on plaintiff's #6 motion for a preliminary injunction for 2/27/2023 at 3:00 PM in Courtroom 4E-N. A separate order will follow. Ordered by Judge Rachel P. Kovner on 2/16/2023 (Court reporter: Charleane Heading) (SDC) Modified on 2/16/2023 (TC).
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| Filing 9 SUMMONS Returned Executed by Marquis Who's Who Ventures LLC. Revenueboost LLC served on 2/15/2023, answer due 3/8/2023. (Feldman, Joshua) |
| Filing 8 AFFIDAVIT of Service for Court Order dated 2.13.2023, Complaint and Motion Papers for TRO and Preliminary Injunction via Overnight Mail (Fed Ex) and E-Mail served on Revenueboost LLC on 02/13/2023, filed by Marquis Who's Who Ventures LLC. (Rowe, Douglas) |
| Filing 7 Letter MOTION for Reconsideration re Order to Show Cause, by Marquis Who's Who Ventures LLC. (Attachments: #1 Copies of Correspondence notifying Defendants of Plantiff's intent to file Order to Show Cause) (Rowe, Douglas) |
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ORDER: The Court construes plaintiff's #7 motion for reconsideration as a renewed motion for a temporary restraining order. An initial hearing on plaintiff's #6 motion for a temporary restraining order is scheduled for 2/16/2023 at 2:00 PM in Courtroom 4E-N. By the end of TODAY, 2/13/2023, plaintiff's counsel is directed to serve defendant with a copy of this Order, the Complaint, and all papers associated with the #6 motion for temporary restraining order and preliminary injunction by any reasonable means of communication, including email, fax, telephone, and/or overnight mail, and to file a letter on ECF documenting all its attempts at service. Defendant shall file a response by close of business on 2/15/2023. Ordered by Judge Rachel P. Kovner on 2/13/2023. (SDC)
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| Filing 6 MOTION for Temporary Restraining Order (Order to Show Cause), MOTION for Preliminary Injunction by Marquis Who's Who Ventures LLC. (Attachments: #1 Affidavit Kristine McCarthy Affidavit in Support, #2 Exhibit 1 - Marquis Who's Who Trademarks and Specimens, #3 Exhibit 2 - Non-Disclosure Agreement, #4 Exhibit 3 - 10.25.22 to 10.26.22 Emails re: Snopes, #5 Exhibit 4 - 10.27.22 to 10.28.22 Emails with O. Paca re: Continuing Relationship Terms, #6 Exhibit 5 - 1.25.23 Email from Customer with Revboost, #7 Memorandum in Support) (Rowe, Douglas) |
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ORDER: Plaintiff's #6 motion for a temporary restraining order is denied. A court may issue a temporary restraining order without written or oral notice to the adverse party "only if... specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition" and "the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Fed. R. Civ. P. 65(b)(1)(A)(B). There is no indication that defendant has been served with the #1 complaint or the #6 motion, and plaintiff has not satisfied either of Rule 65(b)(1)'s requirement for the granting of relief without notice to the adverse party. The motion for a temporary restraining order is accordingly denied. Ordered by Judge Rachel P. Kovner on 2/10/2023. (SDC)
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ORDER TO SHOW CAUSE: With respect to plaintiff's application for a preliminary injunction, plaintiff is directed to serve defendants with the #1 complaint, all papers associated with the #6 motion for preliminary junction, and this Order, and to file proof of service on the docket by 2/15/2023. Defendant may file a response to plaintiff's motion by 2/21/2023. Plaintiff may file a reply, if any, by 2/24/2023. Ordered by Judge Rachel P. Kovner on 2/10/2023. (SDC)
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| Filing 5 Summons Issued as to Revenueboost LLC. (LJ) |
| Filing 4 Notice of Report on the filing of an action regarding a Trademark. (Attachments: #1 Complaint) (LJ) |
| 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. (LJ) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge James M. Wicks. 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. (LJ) |
| Filing 1 COMPLAINT against Revenueboost LLC filing fee $ 402, receipt number ANYEDC-16389934 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Marquis Who's Who Ventures LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Rowe, Douglas) Modified on 2/9/2023 (LJ). |
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| Plaintiff: Marquis Who's Who Ventures LLC | |
| Represented By: | Douglas E. Rowe |
| Represented By: | Joshua Feldman |
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| Defendant: Revenueboost LLC | |
| Represented By: | Mason Cole |
| Represented By: | Mitchell S. Feller |
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