Tone Creative LLC v. ToneCreative LLC et al
Plaintiff: Tone Creative LLC
Defendant: Joshua Eatman, Wilbert McKinley, III, ToneCreative LLC and Eric King
Case Number: 1:2021cv00168
Filed: February 11, 2021
Court: US District Court for the Northern District of New York
Presiding Judge: David N Hurd
Referring Judge: Daniel J Stewart
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1121 Trademark Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 26, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 8, 2021 Filing 31 Summons Returned Unexecuted by Tone Creative LLC as to Eric King. (Martin, Daniel)
March 30, 2021 Filing 30 Summons Issued as to Eric King. (pjh, )
March 29, 2021 Filing 29 Summons Returned Unexecuted by Tone Creative LLC as to Eric King. (Martin, Daniel)
March 26, 2021 Filing 28 REQUEST FOR ISSUANCE OF SUMMONS(ES): Tone Creative LLC is requesting summons(es) be issued as to (Martin, Daniel)
March 26, 2021 Filing 27 NOTICE of Appearance by Celeste E. Laramie on behalf of Tone Creative LLC (Laramie, Celeste)
March 26, 2021 Filing 26 NOTICE of Appearance by Chase Whiting on behalf of Tone Creative LLC (Whiting, Chase)
March 24, 2021 ***Answer due date updated for Joshua Eatman answer due 4/7/2021. (pjh, )
March 23, 2021 Filing 25 Summons Returned Unexecuted by Tone Creative LLC as to Eric King. (Martin, Daniel)
March 23, 2021 Filing 24 AFFIDAVIT of Service for Summons, Complaint, Motion for Preliminary Injunction and Incorporated Memorandum of Law, Plaintiffs Rule 7.1 Corporate Disclosure Statement, Civil Case Management Plan, Report of the Filing or Determination of an Action Regarding a Patent served on Joshua Eatman on 3/17/21, filed by Tone Creative LLC. (Martin, Daniel)
March 19, 2021 Filing 23 AFFIDAVIT of Service for Summons, Complaint, Motion for Preliminary Injunction and Incorporated Memorandum of Law, Plaintiffs Rule 7.1 Corporate Disclosure Statement, Civil Case Management Plan and Report on the Filing or Determination of an Action Regarding a Patent or Trademark served on ToneCreative LLC on 3/3/21, filed by Tone Creative LLC. (Martin, Daniel)
March 19, 2021 Filing 22 AFFIDAVIT of Service for Summons, Complaint, Motion for Preliminary Injunction and Incorporated Memorandum of Law, Plaintiffs Rule 7.1 Corporate Disclosure Statement, Civil Case Management Plan, Report on the Filing or Determination of an Action Regarding a Patent or Trademark. served on Joshua Eatman on 3/3/21, filed by Tone Creative LLC. (Martin, Daniel)
March 19, 2021 ***Answer due date updated for Joshua Eatman answer due 3/24/2021; ToneCreative LLC answer due 3/24/2021. (pjh, )
March 12, 2021 Filing 21 Summons Issued as to Eric King Carroll Street Address. (Attachments: #1 Summons Issued as to Eric King Clarinth Road Address)(pjh, )
March 12, 2021 Filing 20 REQUEST FOR ISSUANCE OF SUMMONS(ES): Tone Creative LLC is requesting summons(es) be issued as to (Martin, Daniel)
March 12, 2021 Filing 19 REQUEST FOR ISSUANCE OF SUMMONS(ES): Tone Creative LLC is requesting summons(es) be issued as to (Martin, Daniel)
March 12, 2021 ***Answer due date updated for Wilbert McKinley, III answer due 3/25/2021. (pjh, )
March 11, 2021 Filing 18 AFFIDAVIT of Service for Summons served on Wilbert McKinley, III on 3/2/21, filed by Tone Creative LLC. (Martin, Daniel)
March 9, 2021 Opinion or Order Filing 17 TEXT ORDER granting #12 Motion for Limited Admission Pro Hac Vice. Attorney Chase S. Whiting is hereby admitted to practice in this action on behalf of Plaintiff. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 3/9/2021. (mab)
March 9, 2021 Opinion or Order Filing 16 TEXT ORDER granting #11 Motion for Limited Admission Pro Hac Vice. Attorney Celeste E. Laramie is hereby admitted to practice in this action on behalf of Plaintiff. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 3/9/2021. (mab)
March 9, 2021 Filing 15 Summons Issued as to ToneCreative LLC. (Attachments: #1 Summons Issued as to Joshua Eatman)(pjh, )
March 8, 2021 Filing 14 REQUEST FOR ISSUANCE OF SUMMONS(ES): Tone Creative LLC is requesting summons(es) be issued as to (Martin, Daniel)
March 8, 2021 Filing 13 REQUEST FOR ISSUANCE OF SUMMONS(ES): Tone Creative LLC is requesting summons(es) be issued as to (Martin, Daniel)
March 2, 2021 Filing 12 MOTION for Limited Admission Pro Hac Vice of Chase S. Whiting Filing fee $100, receipt number ANYNDC-5442786. (Attachments: #1 Declaration of Daniel J. Martin, #2 Certificate of Good Standing, #3 Petition for Admission Pro Hac Vice, #4 E-Filing Registration Form) Motions referred to Daniel J. Stewart. (Martin, Daniel)
March 2, 2021 Filing 11 MOTION for Limited Admission Pro Hac Vice of Celeste E. Laramie Filing fee $100, receipt number ANYNDC-5442775. (Attachments: #1 Declaration of Daniel J. Martin, #2 Certificate of Good Standing, #3 Petition for Admission Pro Hac Vice, #4 E-Filing Registration Form) Motions referred to Daniel J. Stewart. (Martin, Daniel)
February 23, 2021 Filing 10 MOTION Pro Hac Vice Admission of Chase S. Whiting Response to Motion due by 3/16/2021 filed by Tone Creative LLC. (Attachments: #1 Declaration of Daniel J. Martin, #2 Certificate of Good Standing, #3 Petition for Admission Pro Hac Vice, #4 E-Filing Registration Form) Motions referred to Daniel J. Stewart. (Martin, Daniel)
February 23, 2021 Filing 9 MOTION Pro Hac Vice Admission of Celeste E. Laramie Response to Motion due by 3/16/2021 filed by Tone Creative LLC. (Attachments: #1 Declaration of Daniel J. Martin, #2 Vermont Certificate of Good Standing, #3 Petition for Admission Pro Hac Vice, #4 E-Filing Registration Form) Motions referred to Daniel J. Stewart. (Martin, Daniel)
February 12, 2021 Filing 8 Report on the Filing and Determination of an Action regarding patent and/or trademark numbers 5949415 and 5954111. {Copy of Report sent to the U.S. Patent and Trademark office via regular mail} (pjh, )
February 12, 2021 Filing 7 NOTICE of Admission Requirement ; Attorney Chase S. Whiting, Email address is cwhiting@gravelshea.com. Phone number is (802) 658-0220. Admissions due by 2/26/2021. [Notice served upon attorney via e-mail}(pjh, )
February 12, 2021 Filing 6 NOTICE of Admission Requirement ; Attorney Celeste Laramie, Email address is claramie@gravelshea.com. Phone number is (802) 658-0220. Admissions due by 2/26/2021. {Notice served upon attorney via e-mail}(pjh, )
February 12, 2021 Filing 5 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/17/2021 at 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/10/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh, )
February 12, 2021 Filing 4 Summons Issued as to ToneCreative LLC. (Attachments: #1 Summons Issued as to Wilbert McKinley, III, #2 Summons Issued as to Eric King, #3 Summons Issued as to Joshua Eatman)(pjh, )
February 11, 2021 Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Tone Creative LLC. (pjh, )
February 11, 2021 Filing 2 MOTION for Preliminary Injunction by Tone Creative LLC. (Attachments: #1 Proposed Order, #2 Declaration of Dan Vidali, #3 Exhibit 1 - LinkedIn Follower Analytics, #4 Exhibit 2 - Email correspondence, #5 Delcaration of Cassandra LaRae-Perez, #6 Exhibit 1 - Certificates of the Registered Trademarks, #7 Exhibit 2 - Defendant Company's Articles of Organization, #8 Exhibit 3 - Copy of Defendant's LinkedIn Profile, #9 Exhibit 4 - Notice of Trademark Infringement)(pjh, )
February 11, 2021 Filing 1 COMPLAINT WITH JURY DEMAND against Joshua Eatman, Eric King, Wilbert McKinley, III and ToneCreative LLC (Filing fee $402 receipt number ANYNDC-5417988) filed by Tone Creative LLC. (Attachments: #1 Exhibit - Tone Creative LLC Trademark Certificate, #2 Civil Cover Sheet)(pjh, )

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Defendant: Joshua Eatman
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Defendant: Wilbert McKinley, III
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Defendant: ToneCreative LLC
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Defendant: Eric King
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Plaintiff: Tone Creative LLC
Represented By: Daniel J. Martin
Represented By: Celeste E. Laramie
Represented By: Chase Whiting
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