Empire Today, LLC v. Barzilay
| Empire Today, LLC |
| Barzilay and Assaf Barzilay |
| 1:2017cv01418 |
| February 24, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jesse M Furman |
| Trademark |
| 15 U.S.C. ยง 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 2, 2017. A more recent docket listing may be available from PACER.
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| Filing 15 AO 120 FORM TRADEMARK - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 5/2/2017 in a court action filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (Attachments: #1 Judgment-Consent) (ras) |
Filing 14
CONSENT DECREE AND PERMANENT INJUNCTION in favor of Empire Today, LLC against Assaf Barzilay. The Court finds that entry of the injunction herein is reasonable and necessary to avoid irreparable injury. It is also in the public's interest to issue an injunction in order to prevent consumers from being misled. In balancing the hardships between each party, Defendant faces no hardship from refraining from willful trademark infringement, whereas Empire faces hardship from the loss of sales and damages to its public reputation. Defendant, along with his agents, servants, employees, attorneys, successors, and assigns, and all other persons or parties in active concert or participation with him, is hereby PERMANENTLY ENJOINED from using any mark, slogan, Internet domain name, social media account, trade name, business name or other device that utilizes (i.e., is confusingly similar to) the "EMPIRE Marks" (as that term is defined in the Amended Complaint in this action) or any marks likely to cause confusion with the EMPIRE Marks for any purpose including, but not limited to, for us in connection with any website, or the sale or advertisement of any product or service. The Clerk of Court is directed to close this case. All motions are moot. All conferences are cancelled, and as further set forth. (Signed by Judge Jesse M. Furman on 5/1/2017) (ras)
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Filing 13
ORDER granting #12 Letter Motion to Adjourn Conference. The Court has signed the Consent Decree and Permanent Injunction (although the document will not be docketed until tomorrow). In light of that, the conference is CANCELLED. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 12 LETTER MOTION to Adjourn Conference Scheduled for May 9, 2017 and Requesting Entry of the Proposed Consent Decree and Permanent Injunction addressed to Judge Jesse M. Furman from Torello H. Calvani dated May 1, 2017. Document filed by Empire Today, LLC. (Attachments: #1 Exhibit A-Amended Complaint, #2 Exhibit B-Settlement Agreement with Proposed Consent Decree)(Calvani, Torello) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons & Amended Complaint served on ASSAF BARZILAY on 3/15/17. Service was accepted by Ortal Barzilay. Document filed by Empire Today, LLC. (Calvani, Torello) |
| Filing 10 AMENDED COMPLAINT amending #1 Complaint, against Assaf Barzilay with JURY DEMAND.Document filed by Empire Today, LLC. Related document: #1 Complaint, filed by Empire Today, LLC. (Attachments: #1 Exhibit A: Registration Certificates, #2 Exhibit B: "Who Is" Report, #3 Exhibit C: Screen Capture of Infringing Site Home Page, #4 Exhibit D: Screen Captures of Infringing Facebook Pages, #5 Exhibit E: Photo of Van, #6 Exhibit F: Correspondence from 2012 and 2016)(Calvani, Torello) |
| Filing 9 SUMMONS RETURNED EXECUTED. Assaf Barzilay served on 3/3/2017, answer due 3/24/2017. Document filed by Empire Today, LLC. (Calvani, Torello) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Assaf Barzilay. (kl) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Assaf Barzilay, re: #1 Complaint,. Document filed by Empire Today, LLC. (Calvani, Torello) |
| Filing 6 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/9/2017 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 2/27/2017) (kgo) |
| Filing 5 AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (kl) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (kl) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. (kl) |
| Case Designated ECF. (kl) |
| Filing 4 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Calvani, Torello) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Empire Today, LLC.(Calvani, Torello) |
| Filing 2 CIVIL COVER SHEET filed. (Calvani, Torello) |
| Filing 1 COMPLAINT against Assaf Barzilay. (Filing Fee $ 400.00, Receipt Number 0208-13353542)Document filed by Empire Today, LLC. (Attachments: #1 Exhibit A: Registration Certificates, #2 Exhibit B: "Who Is" Report, #3 Exhibit C: Screen Capture of Infringing Site Home Page, #4 Exhibit D: Screen Captures of Infringing Facebook Pages, #5 Exhibit E: Picture of Van, #6 Exhibit F: Correspondence from 2012 and 2016)(Calvani, Torello) |
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