Patsy's Brand, Inc. v. I.O.B. Realty, Inc., et al
| 1:1999cv10175 |
| December 3, 2019 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Trademark |
| 15 U.S.C. ยง 1114 Trademark Infringement (Lanham Act) |
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Filing
433
ORDER denying 431 Letter Motion to Compel. The request that the Court directs Plaintiff to submit a single reply in further support of its Motion is DENIED.SO ORDERED. (Signed by Judge Kimba M. Wood on 4/17/24) (yv)
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Filing
395
OPINION AND ORDER: For the foregoing reasons, the Court awards Plaintiff its reasonable attorneys' fees of $269,262.30 and costs of $15,274.42, for a total award of $284,536.72. Defendants shall pay Plaintiff $142,268.36 by May 6, 2022, as one half of Plaintiff's reasonable attorneys' fees and costs. Former Counsel shall also pay Plaintiff $142,268.36 by May 6, 2022, as the other half of Plaintiff's reasonable attorneys' fees and costs; Former C ounsel are jointly and severally responsible for this payment. Plaintiff shall certify in writing to the Court when it has received the required payments. The Clerk of Court is respectfully directed to terminate all pending motions as moot and to close the case. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/06/2022) (ama)
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Filing
346
ORDER: The Court will receive briefing on the following issues after the hearing: (1) the foreign trademarks at issue as they relate to liability, Plaintiff's Exhibit 21 as it relates to liability, and reliance on advice of counsel as it relat es to liability; and (2) damages and potential sanctions: Plaintiff's opening brief (not to exceed 35 pages) will be due by June 7, 2021. Defendants' opposition (not to exceed 35 pages) will be due June 14, 2021. The Court will accept only a single brief from Mr. Grandinetti and Ms. Stempien Coyle (not to exceed 15 pages) will be due by June 14, 2021. Plaintiff's reply (not to exceed 10 pages) will be due by June 21, 2021. Defendants' reply to Mr. Grandinetti and Ms. Stempien Coyle's brief (not to exceed 10 pages) will be due by June 21, 2021. No extensions will be granted absent extraordinary good faith, and no further briefing will be permitted. SO ORDERED., ( Cross Motions due by 6/21/2021., Motions due by 6/7/2021., Responses due by 6/14/2021, Replies due by 6/21/2021.) (Signed by Judge Kimba M. Wood on 5/27/2021) (ama)
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Filing
340
ORDER: In their answers to the Court's Order (ECF No. 332), Ms. Hyland and Mr. Anesh have each defined the word "label" differently-Mr. Anesh narrowly (ECF No. 335), and Ms. Hyland more broadly (ECF No. 336). It would be useful for t he Court to know whether Mr. Grandinetti and Ms. Stempien Coyle disagree with any of the statements made in Ms. Hyland's submission, and if so, what the bases for the disagreements are. That submission must be filed by May 23, 2021, at 2 p.m. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/22/2021) (mml)
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Filing
332
ORDER. The Court is in receipt of the parties' May 20, 2021 letter (ECF No. 331) requesting to ask clarifying questions about the May 18, 2021 Order (ECF No. 326) and the May 19, 2021 so-ordered Stipulation regarding the hearing protocol (ECF No . 328) at the start of the evidentiary hearing. The Court GRANTS the parties' request. To further facilitate the efficient use of time during the hearing, the Court ORDERS Defendants' counsel to file an answer to the questions that the Cour t raised in the May 18 Order by Friday, May 21, at 7 p.m., and as further specified and set forth in this Order regarding 1. The label on the jarred sauces in the October 30, 2018 social media posts. (Scognamillo Decl. paragraph 30, Figures 10, 11, ECF No. 184.) 2. The label on the pizza pouch in the March 28, 2019 social media posts. (Scognamillo Decl. paragraph 26, Figures 7, 9.) 3. The label on the vacuum-sealed pizza that Defendants delivered to Plaintiff on October 3, 2018. (Scognamillo De cl. paragraph 12, Figure 2.) 4. The label that was attached to the November 14, 2017 email from Mr. Adem Brija to Mr. Grandinetti and Mr. Frank Brija titled "Frozen Pizza." (Document 8012 of Defendants' supplemental discovery production, ECF No. 261-1 at 12.) So ordered. (Signed by Judge Kimba M. Wood on 5/21/2021) (rjm)
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Filing
327
ORDER: As set forth above, each of Plaintiff's objections to the direct testimony of Paul Grandinetti is sustained. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/18/2021) (ama)
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Filing
311
ORDER: The Court sets the following schedule for the continued evidentiary hearing, which will take place virtually via Zoom: Mr. Brija's testimony shall resume on May 24, 2021 at 10:00 a.m. Mr. Grandinetti's testimony shall follow as time permits. The hearing shall continue on May 25, 2021 at 10:00 a.m. Following Mr. Grandinetti's testimony, Ms. Stempien Coyle shall testify. The witnesses and parties shall be available on May 26, 2021 at 10:00 a.m. and May 27, 2021, at 10:00 a .m. to complete any unfinished testimony. The Court does not believe that these two days are necessary, but is calendaring these days to ensure that the hearing will be completed before June 2021. Absent extraordinary good cause, the Court will not adjourn the evidentiary hearingagain. A post-hearing briefing schedule shall be set at the conclusion of the evidentiary hearing. And as set forth herein. The Court reminds the parties that it will hear only testimony regarding reliance on advice of counsel as it relates to damages and sanctions, and potentially liability. SO ORDERED., ( Evidentiary Hearing set for 5/25/2021 at 10:00 AM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 4/24/2021) (ama)
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Filing
309
ORDER: The Court hereby Orders the parties to meet and confer regarding how soon the evidentiary hearing may resume virtually rather than in person. The parties are Ordered to file a joint letter, by Thursday, April 22, 2021, providing the Court with a list of consecutive dates (spanning three-day periods) that the parties and witnesses are available for a virtual hearing in April and/or May. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/17/2021) (ama)
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Filing
305
OPINION AND ORDER re: 296 MOTION to Amend/Correct Motion to Clarify and/or Modify the Injunction. filed by I.O.B. Realty, Inc., Frank Brija. For the foregoing reasons, Defendants' motion to clarify and modify the permanent injunction is denied. SO ORDERED. (Signed by Judge Kimba M. Wood on 7/24/2020) (va)
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Filing
295
ORDER re: 294 Letter filed by Patsy's Brand, Inc., 293 Letter, filed by I.O.B. Realty, Inc., Frank Brija. Defendants have filed a letter seeking the Courts view as to whether a proposed label complies with the terms of the lon gstanding trademark injunction in this case. Defendants have not formally initiated a declaratory judgment action, nor moved for relief from the underlying injunction under Rule 60(b) or another provision of the Federal Rules of Civil Procedur e. The Court understands Defendants' submission as a request for an advisory opinion, which the Court is constitutionally prohibited from rendering. See Starter Corp. v. Converse, Inc., 84 F.3d 592, 595 (2d Cir. 1996); Windsurfing Interna tional, Inc. v. AMF, Inc., 828 F.2d 755, 758 (Fed. Cir. 1987) (Courts lack authority to issue advisory opinions in response to a party's position that "We would like to use the mark, but before we do, we want a court to say we may do s o safely."). In response to Defendant's letter, Plaintiff states that it opposes the use of the proposed label but is "sensitive to the current public health crisis and the impact it has had on all businesses in this state and a cross the country." In this spirit, and in the interest of efficiency, the parties are strongly encouraged to reach an agreement in this dispute without the Court's intervention. Before either party files a motion or other request for relief related to Defendants' proposed label, the filing party shall certify by affidavit that the parties conferred and made good-faith efforts to arrive at a resolution, and that these efforts deteriorated to such a degree that communication and reasonable compromise are no longer feasible. (Signed by Judge Kimba M. Wood on 6/3/2020) (va)
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Filing
290
ORDER granting 286 Letter Motion for Discovery. Accordingly, the Court hereby quashes Defendants' subpoenas. So Ordered. (Signed by Judge Kimba M. Wood on 4/20/2020) (js)
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Filing
283
ORDER: Although the Court regrets that this matter has already been beset by delay, it wishes to prioritize everyone's health. The Court is mindful that some participants in the evidentiary hearing--currently scheduled to take place on Marc h 16, 19, and 20, 2020--would need to travel from out of state to attend. In an effort to reduce all parties' risk of exposure to COVID-19, the hearing is hereby adjourned. The Court is aware that the parties have worked diligently to prepar e for the hearing and to accommodate the Court's desire to proceed expeditiously; the Court thanks the parties for their cooperation and understanding. The parties shall confer and propose dates for a rescheduled hearing in late April. The parties shall submit the proposed dates in a joint letter by March 20, 2020. (Signed by Judge Kimba M. Wood on 3/11/2020) (va)
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Filing
271
ORDER: The Court sets the following schedule for the continued evidentiary hearing: Defendant Brija's testimony shall resume on March 16, 2020 at 10:00 a.m. Mr. Grandinetti's testimony shall follow as time permits. The hearing shall con tinue on March 19, 2020 at 2:00 p.m., at which time Ms. Stempien Coyle shall testify. The witnesses and parties shall be available on March 20, 2020 at 10:00 a.m. to complete any unfinished testimony. A post-hearing briefing scheduling shall be set a t the conclusion of the evidentiary hearing. Ms. Stempien Coyle and Mr. Grandinetti shall submit affidavits containing the text of their direct testimony no later than March 9, 2020. ( Evidentiary Hearing set for 3/16/2020 at 10:00 AM before Judge Kimba M. Wood; Evidentiary Hearing set for 3/19/2020 at 02:00 PM before Judge Kimba M. Wood; Evidentiary Hearing set for 3/20/2020 at 10:00 AM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 2/20/2020) (va)
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Filing
265
ORDER, Due to a conflict with the Court's calendar, the conference scheduled for January 24, 2020 is adjourned to February 19, 2020 at 11:00 a.m. (Status Conference set for 2/19/2020 at 11:00 AM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 1/6/20) (yv)
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Filing
259
ORDER: Given that Defendants rely on an advice-of-counsel defense in mitigation of punishment, Defendants have waived attorney-client privileges and work product protections. Defendants shall provide to Plaintiffs counsel no later than 5:00 p.m. today all documents submitted to the Court in camera by letter dated December 9, 2019. (Signed by Judge Kimba M. Wood on 12/11/2019) (rro)
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Filing
253
ORDER: Due to a conflict with the Court's calendar, the conference scheduled for Wednesday, December 11, 2019 at 3:00 p.m. is adjourned to Thursday, December 12, 2019 at 2:00 p.m. (Status Conference set for 12/12/2019 at 02:00 PM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 12/9/2019) (jwh)
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Filing
243
ORDER. The Court directs Defendants to take the following steps to cure deficiencies in the discovery produced pursuant to the Court's October 30, 2019 Order: 1. No later than December 9, 2019, Defendants shall submit to Plaintiff and the Cour t color copies of all responsive documents. 2. No later than December 9, 2019, Defendants shall submit to Plaintiff and the Court any responsive documents missing from Defendants' initial production. Specifically, Defendants shall submit any mi ssing replies or additional correspondence associated with documents 9023, 9031, 9036, 9039, 9054, 9109-10, 9118, 9119-20, 9121-22, 9131, 9134, and 9141-43. With respect to each of these documents, Defendants shall file and serve, by December 9, 2 019, a sworn Affidavit stating (a) the reason Defendants previously failed to produce the reply and/or additional correspondence; (b) the reason Defendants are presently unable to produce the reply and/or additional correspondence; or (c) that no r eply or additional correspondence exists. 3. No later than December 9, 2019, Defendants shall file and serve a sworn affidavit providing a detailed description of the search Defendants conducted in gathering responsive documents, in order to clarif y Defendants' representation that "No documents were knowingly withheld, but objections framed the scope of the search to include documents within I.O.B. Realty's custody and control and proportional to the needs of the case." If Defendants withheld any documents because Defendants did not deem them proportional to the needs of the case, Defendants shall describe in detail, in the aforementioned December 9, 2019 Affidavit, the withheld documents, and shall submit to the Court in camera, attached to the December 9, 2019 Affidavit, a copy of each withheld document. Plaintiff's request for a conference in advance of the scheduled December 11, 2019 hearing is denied. (Signed by Judge Kimba M. Wood on 12/3/19) (yv)
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