RCA Trademark Management S.A.S. v. Voxx International Corp.
| RCA TRADEMARK MANAGEMENT S.A.S. |
| VOXX INTERNATIONAL CORP., VOXX ACCESSORIES CORP and ALVOX TRADEMARK HOLDING COMPANY, LLC |
| VOXX INTERNATIONAL CORP., ALVOX TRADEMARK HOLDING COMPANY, LLC and VOXX ACCESSORIES CORP |
| RCA TRADEMARK MANAGEMENT S.A.S. |
| 1:2014cv06294 |
| August 8, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Laura Taylor Swain |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Defendant |
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Filing
138
MEMORANDUM OPINION AND ORDER re: 92 MOTION for Partial Summary Judgment , filed by RCA TRADEMARK MANAGEMENT S.A.S., 100 CROSS MOTION for Partial Summary Judgment and, in the alternative, relief pursuant to Fed. R. Civ. P. R ule 56(d). filed by ALVOX TRADEMARK HOLDING COMPANY, LLC, VOXX ACCESSORIES CORP, VOXX INTERNATIONAL CORP. VOXXs motion for summary judgment on its Second Counterclaim and for discovery pursuant to Federal Rule of Civil Procedure 56(d) is de nied. RCA's motion for summary judgment dismissing the Second Counterclaim is granted to the extent that the motion and counterclaim concern VOXXs use of RCA trademarks on smartphones or on tablet computers that are capable of voice communicatio n and on accessories designed or marketed for use with smartphones and/or cellphones. RCA is further granted the following declaratory relief in respect of its breach of contract claim in its First Cause of Action. The Court declares that RCA has ret ained all rights in the relevant RCA trademarks with respect to: smartphones; tablet computers that include microphones and speakers that are capable of running Skype, Google Hangouts, or any similar applications permitting voice-to-voice communicati on; and accessories designed or marketed for use with smartphones and/or cellphones. The Court further declares that subdivision (d) of the Excluded Products provision of the AV Trademark Assignment Agreement affects a retention of rights as to the c ategories of products having the qualities or features referenced therein, and that the retention of rights is not limited to rights to use trademarks with respect only to devices specifically referenced by name in the provision. This Memorandum Opi nion and Order resolves docket entry numbers 92 and 100. The final pre-trial conference in this matter is scheduled for April 1, 2016. The parties must consult and make submissions in advance of the conference as required by the Pre-Trial Scheduling Order (docket entry no. 83.) The parties are further directed to meet promptly with Magistrate Judge Pitman for settlement purposes. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 2/2/2016) (spo)
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Filing
129
MEMORANDUM OPINION AND ORDER re: 92 MOTION for Partial Summary Judgment . filed by RCA TRADEMARK MANAGEMENT S.A.S. For the foregoing reasons, the Court grants RCA's motion to dismiss Counts Eleven through Fourteen of VOXX's Counterclaims in their entirety. The Court further grants VOXX permission to move to file an Amended Answer and Counterclaims within 28 days of the entry of this Memorandum Opinion and Order. The motion must meet the procedural specifications, and b e filed on the schedule, set forth in the preceding paragraph of this Memorandum Opinion and Order. Any future motion practice must be compliant with the undersigned's Individual Practices and Rules, which are available on the Court's website. SO ORDERED. (As further set forth within this Opinion.) (Signed by Judge Laura Taylor Swain on 8/24/2015) (ajs)
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Filing
127
MEMORANDUM OPINION AND ORDER re: 125 LETTER MOTION for Local Rule 37.2 Conference in regard to location for certain depositions, addressed to Magistrate Judge Henry B. Pitman from Michael S. Elkin dated 7/23/2015. filed by ALVOX TRAD EMARK HOLDING COMPANY, LLC, VOXX ACCESSORIES CORP, VOXX INTERNATIONAL CORP. Accordingly, no later than August 21, 2015, RCA is to submit an affidavit or affirmation describing Mss. Wahl and Petit's responsibilities, if any, with respect to the licensing or other methods used to monetize RCA's trademarks. The affirmations should identify, for the last five years, the number of and nature of the transactions involving RCA's trademarks in which Mss. Wahl or Petit have particip ated, the name and title of any other Technicolor or RCA employees or agents participating in the transactions, the roles that Mss. Wahl and Petit played in these transaction in comparison to the roles played by any other Technicolor or RCA employees or agents, the approximate percent of working hours that Mss. Wahl and Ms. Petit spend on RCA matters and any other facts that plaintiff deems relevant. I am not setting a date for a further responsive submission from Voxx at this time. A further submission from Voxx may not be necessary after I consider RCA's submission. (As further set forth in this Order) (Signed by Magistrate Judge Henry B. Pitman on 8/13/2015) Copies Sent By Chambers. (lmb)
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