Plaintiff Hawaii-Pacific Apparel Group, Inc. alleged that defendants Cleveland Browns Football Company LLC and National Football League Properties, Inc. infringed on plaintiff's trademarks LIL DAWG POUND and DAWG Pound.
Hawaii-Pacific Apparel Group, Inc. |
Cleveland Browns Football Company, LLC and National Football League Properties, Inc. |
Cleveland Browns Football Company, LLC, National Football League Properties, Inc. and Hawaii-Pacific Apparel Group, Inc. |
Hawaii-Pacific Apparel Group, Inc., Cleveland Browns Football Company, LLC and National Football League Properties, Inc. |
1:2004cv07863 |
October 4, 2004 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Denny Chin |
Trademark |
15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act) |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
51
ORDER this action be, and the same hereby is, discontinued with prejudice but without costs. So Ordered. (Signed by Judge Denny Chin on 9/28/06) (jco, )
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Filing
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ENDORSED LETTER addressed to Judge Denny Chin from Jessica A. Rose dated 9/14/2006 re: requesting that the Court stay the close of discovery for 30 days. ENDORSEMENT: Approved. So Ordered. (Signed by Judge Denny Chin on 9/15/2006) (lb, )
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Filing
49
AMENDED OPINION 92741 HP's motion for partial summary judgment on the issue of priority of use is denied, and that of the Browns/NFLP is granted. Accordingly, counts one, two, and three of HP's complaint are dismissed. Furthermore, summary judgment is granted in favor of the Browns and NFLP on count one of their counterclaims (declaration of non-infringement). Still remaining are the Brown/NFLP's counterclaims for trademark infringement, as well as HP's claim for a declaration of non-infringement and its claims of copyright infringement. The parties are directed to appear for a pre-trial conference on 2/24/06, at 11:30 a.m., in courtroom 11A of the U.S. Courthouse, 500 Pearl Street. So Ordered. (Signed by Judge Denny Chin on 2/22/06) (jco, ) Modified on 2/23/2006 (jco, ). Modified on 2/23/2006 (jco, ). Modified on 2/27/2006 (ew, ).
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NOTICE of Substitution of Attorney. Old Attorney: Marc Ackerman, New Attorney: Robert Raskopf, Address: Quinn Emanuel Urquhart Oliver & Hedges LLP, 335 Madison Avenue, 17th Floor, New York, New York, USA 10017, 212-702-8185. Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc., Cleveland Browns Football Company, LLC, National Football League Properties, Inc., Cleveland Browns Football Company, LLC, National Football League Properties, Inc.. (Raskopf, Robert)
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Filing
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OPINION:92741 For the foregoing reasons, HP's motion for partial summary judgment on the issue of priority of use is denied, and that of the Browns/NFLP is granted. Accordingly, counts one, two, and three of the HP's complaint are dismissed. Futhermore, summary judgment is granted in favor of the Browns and NFLP on count one of their counterclaims (declaration of non- infringement). Still remaining are the Brown/NFLP's counterclaims for trademark infrigement, as well as HP's claim for a declaration of non-infringement and its claims of copyright infringement. The parties are directed to appear for a pre-trial conference on 2/24/2006, at 11:30 a.m., in courtroom 11A of the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denny Chin on 2/14/2006) (lb, ) Modified on 2/15/2006 (ew, ).
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ENDORSED LETTER addressed to Judge Denny Chin from Christine Karol Roberts dated 6/22/05 re: plaintiff requests permission to file its exhibits. Approved. (Signed by Judge Denny Chin on 6/27/05) (kw, )
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DECLARATION of Hawaii-Pacific Apparel in Support re: 28 MOTION for Partial Summary Judgment.. Document filed by Hawaii-Pacific Apparel Group, Inc.. (Roberts, Christine)
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Filing
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ORDER; the request to file the summary judgment papers in hard copy rather than electronically is granted. The request to file certain motion papers under seal is denied except that any exhibits of a confidential nature may be submitted to chambers and omitted from the motion papers. The declarations and the Rule 56.1 statement may not be filed under seal. (Signed by Judge Denny Chin on 6/9/05) (sac, )
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ANSWER to Counterclaim. Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc..(Millones, Jennifer)
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ORDER: defendants objections to plaintiffs first amended reply and counterclaims are overruled. Secondly, defendants arguments as to the merits of plaintiffscopyright infringment are premature, and may be raised when the parties move for summary judgment. (Signed by Judge Denny Chin on 3/30/05) Copies Faxed by Chambers.(db, )
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Filing
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ENDORSED LETTER addressed to Judge Chin from Christine Karol Roberts dated 02/10/05 re: the request for plaintiff and plaintiff's counsel to participate by telephone is Denied. The Court is willing, however, to adjourn the conference for a week or two if that would be more convenient for the parties. (Signed by Judge Denny Chin on 2/15/05) (djc, ) Modified on 2/16/2005 (kg, ).
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AMENDED ANSWER to 20 Amended Answer to Counterclaim,. Document filed by Hawaii-Pacific Apparel Group, Inc.. (Roberts, Christine)
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ORDER; In this trademark infringement case, defendants request an order bifurcating liability and damages, both as to discovery and trial. Plaintiff objects. The objection is overruled; the case will be bifurcated. Discovery will proceed initially as to liability only; when liability is determined, the parties may then proceed with discovery as to damages. The schedule set forth in the parties' proposed joint discovery plan is not acceptable to the court. Instead, it is hereby ordered as follows: all discovery, fact and expert, on the issue of liability shall be completed by 09/16/05...a pretrial conference will be held on September 16, 2005 at 11:00 a.m....; (Signed by Judge Denny Chin on 2/8/05) (djc, )
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STIPULATION AND PROTECTIVE ORDER; regarding procedures that shall govern the handling of confidential information during the course of these proceedings. (Signed by Judge Denny Chin on 2/2/05) (djc, )
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RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc., Cleveland Browns Football Company, LLC, National Football League Properties, Inc..(Millones, Jennifer)
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REPLY re: 8 Answer to Complaint,, Counterclaim,. Document filed by Hawaii-Pacific Apparel Group, Inc.. (Roberts, Christine)
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ENDORSED LETTER addressed to Judge Chin from Christinen Karol Roberts dated 12/14/04 re: counsel requests an extension of time to respond to the answer and counterclaim of defendants to and includig January 24, 2005. Approved; (Signed by Judge Denny Chin on 12/15/04) (djc, )
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FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE of Appearance by Marc E Ackerman on behalf of Cleveland Browns Football Company, LLC, National Football League Properties, Inc. (Ackerman, Marc) Modified on 12/22/2004 (st, ).
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Filing
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CERTIFICATE OF SERVICE of Answer w/Counterclaim, Cleveland Browns Football Company LLC's Disclosure Statement, NFL Properties LLC's Disclosure Statement served on Jay R. Butterman on 12/3/04. Document filed by Cleveland Browns Football Company, LLC, National Football League Properties, Inc.. (Rose, Jessica)
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Filing
5
ORDER granting, subject to the payment of the applicable fee 4 Motion for Christine Karol Roberts to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 10/29/04) (cd, ) Additional attachment(s) added on 11/1/2004 (cd, ).
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MOTION for Christine Karol Roberts to Appear Pro Hac Vice. Document filed by Hawaii-Pacific Apparel Group, Inc. (jjm, ) Additional attachment(s) added on 10/15/2004 (jjm, ).
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