MSG Arena, LLC et al v. TDG Brands, Inc. et al
| MSG SPORTS & ENTERTAINMENT LLC, MSG Arena, LLC and MSG Sports & Entertainment, LLC |
| TDG Holdings LLC, Jerry Delaportas, TDG, Inc., Mix 1 Life, Inc., Steven Delaportas, TDG and Associates, LLC, BrandMark Products, Inc., TDG Brands, Inc., Mix 1 Life, Inc. doing business as Mixx Brands Inc., Stephen Dellaportas and Jerry Dellaportas |
| 1:2017cv03769 |
| May 18, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Naomi Reice Buchwald |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Cynthia Arato for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #42 Stipulation of Voluntary Dismissal, to: judgments@nysd.uscourts.gov. (tro) |
| Filing 44 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 1/29/18 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). (mro) |
| Filing 43 STIPULATION OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys for Plaintiffs MSG Arena, LLC and MSG Sports & Entertainment, LLC and Defendants TDG Brands, Inc.; TDG and Associates, LLC; TDG, Inc.; TDG Holdings LLC; BrandMark Products, Inc.; Steven Delaportas a/k/a Stephen Dellaportas; and Jerry Delaportas a/k/a Jerry Dellaportas, that: 1. This action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1), subject to the conditions below, with leave to reopen the action upon written notice to the Court to be made on or before August 1, 2018. See Duffy v. E. Port Excavation & Utilities Contractors, Inc., No. 07-CV-0217 DRH/ARL, 2008 WL 794983, at *1-2 (E.D.N.Y. Mar. 24, 2008). 2. In the absence of such notice to reopen, the action shall be deemed dismissed with prejudice, without costs to any party. 3. In the event the action is reopened or otherwise refiled, Defendants TDG Brands, Inc.; TDG and Associates, LLC; TDG. Inc.; TDG Holdings LLC; BrandMark Products, Inc.; Steven Delaportas a/k/a Stephen Dellaportas; and Jerry Delaportas a/k/a Jerry Dellaportas waive service of process, waive any and all defenses, and consent to the entry of a default judgment against them. (Signed by Judge Naomi Reice Buchwald on 1/29/2018) (mro) |
| Filing 42 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) BrandMark Products, Inc., Jerry Delaportas, Steven Delaportas, Mix 1 Life, Inc., TDG Brands, Inc., TDG Holdings LLC, TDG and Associates, LLC, TDG, Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by MSG Sports & Entertainment, LLC, MSG Arena, LLC.(Arato, Cynthia) Modified on 1/30/2018 (tro). |
| Filing 41 CLERK'S CERTIFICATE OF DEFAULT as to Steven Delaportas a/k/a/ Stephen Dellaportas and Jerry Delaportas a/k/a Jerry Dellaportas. (km) |
| Filing 40 AFFIRMATION of Fabien M. Thayamballi in Support re: #39 Request to Enter Default,. Document filed by MSG Arena, LLC, MSG Sports & Entertainment, LLC. (Thayamballi, Fabien) |
| Filing 39 REQUEST TO ENTER DEFAULT against Steven Delaportas a/k/a Stephen Dellaportas and Jerry Delaportas a/k/a Jerry Dellaportas . Document filed by MSG Arena, LLC, MSG Sports & Entertainment, LLC. (Attachments: #1 Certificate of Default - Steven Delaportas and Jerry Delaportas)(Thayamballi, Fabien) |
| Filing 38 WAIVER OF SERVICE RETURNED EXECUTED. Jerry Delaportas waiver sent on 5/22/2017, answer due 7/21/2017; Steven Delaportas waiver sent on 5/22/2017, answer due 7/21/2017. Document filed by MSG Sports & Entertainment, LLC; MSG Arena, LLC. (Thayamballi, Fabien) |
| Filing 37 ELECTRONIC SUMMONS ISSUED as to Steven Delaportas. (pc) |
| Filing 36 ELECTRONIC SUMMONS ISSUED as to Jerry Delaportas. (pc) |
| Filing 35 REQUEST FOR ISSUANCE OF SUMMONS as to Jerry Delaportas a/k/a Jerry Dellaportas, re: #1 Complaint,. Document filed by MSG Arena, LLC, MSG Sports & Entertainment, LLC. (Thayamballi, Fabien) |
| Filing 34 REQUEST FOR ISSUANCE OF SUMMONS as to Steven Delaportas a/k/a Stephen Dellaportas, re: #1 Complaint,. Document filed by MSG Arena, LLC, MSG Sports & Entertainment, LLC. (Thayamballi, Fabien) |
| Filing 33 CLERK'S CERTIFICATE OF DEFAULT as to: BrandMark Products Inc. (dt) |
| Filing 32 CLERK'S CERTIFICATE OF DEFAULT as to: TDG Brands, Inc. (dt) |
| Filing 31 CLERK'S CERTIFICATE OF DEFAULT as to: TDG and Associates, LLC. (dt) |
| Filing 30 CLERK'S CERTIFICATE OF DEFAULT as to: TDG Holdings, LLC. (dt) |
| Filing 29 CLERK'S CERTIFICATE OF DEFAULT as to: TDG, Inc. (dt) |
| Filing 28 CLERKS CERTIFICATE OF DEFAULT as to: Mix 1 Life, Inc. d/b/a/ Mixx Brands Inc. (dt) |
| Filing 27 AFFIRMATION of Fabien M. Thayamballi in Support. Document filed by MSG Arena, LLC, MSG Sports & Entertainment, LLC. (Thayamballi, Fabien) |
| Filing 26 REQUEST TO ENTER DEFAULT against TDG Brands, Inc.; TDG and Associates, LLC; TDG, Inc.; TDG Holdings, LLC; Mix 1 Life, Inc. d/b/a Mixx Brands, Inc.; and BrandMark Products, Inc. . Document filed by MSG Arena, LLC, MSG Sports & Entertainment, LLC. (Attachments: #1 Certificate of Default - BrandMark Products, Inc., #2 Certificate of Default - Mix 1 Life, Inc. d/b/a Mixx Brands Inc., #3 Certificate of Default - TDG and Associates, LLC, #4 Certificate of Default - TDG Brands, Inc., #5 Certificate of Default - TDG Holdings, LLC, #6 Certificate of Default - TDG, Inc.)(Thayamballi, Fabien) |
| Filing 25 REQUEST TO ENTER DEFAULT against TDG Brands, Inc.; TDG and Associates, LLC; TDG, Inc.; TDG Holdings, LLC; Mix 1 Life, Inc. d/b/a Mixx Brands, Inc.; and BrandMark Products, Inc. . Document filed by MSG Arena, LLC, MSG Sports & Entertainment, LLC. (Attachments: #1 Certificate of Default - BrandMark Products, Inc., #2 Certificate of Default - Mix 1 Life, Inc. d/b/a Mixx Brands Inc., #3 Certificate of Default - TDG and Associates, LLC, #4 Certificate of Default - TDG Brands, Inc., #5 Certificate of Default - TDG Holdings, LLC, #6 Certificate of Default - TDG, Inc.)(Thayamballi, Fabien) |
| Filing 24 AFFIDAVIT OF SERVICE of Summons and Complaint,. TDG, Inc. served on 5/26/2017, answer due 6/16/2017. Service was accepted by Linda Griffin, Clerk, Office of the Arizona Corporation Commission. Document filed by MSG Sports & Entertainment, LLC; MSG Arena, LLC. (Thayamballi, Fabien) |
| Filing 23 AFFIDAVIT OF SERVICE of Summons and Complaint,. TDG Holdings LLC served on 5/26/2017, answer due 6/16/2017. Service was accepted by Linda Griffin, Clerk, Office of the Arizona Corporation Commission. Document filed by MSG Sports & Entertainment, LLC; MSG Arena, LLC. (Thayamballi, Fabien) |
| Filing 22 AFFIDAVIT OF SERVICE of Summons and Complaint,. TDG Brands, Inc. served on 5/26/2017, answer due 6/16/2017. Service was accepted by Linda Griffin, Clerk, Office of the Arizona Corporation Commission. Document filed by MSG Sports & Entertainment, LLC; MSG Arena, LLC. (Thayamballi, Fabien) |
| Filing 21 AFFIDAVIT OF SERVICE of Summons and Complaint,. TDG and Associates, LLC served on 5/26/2017, answer due 6/16/2017. Service was accepted by Linda Griffin, Clerk, Office of the Arizona Corporation Commission. Document filed by MSG Sports & Entertainment, LLC; MSG Arena, LLC. (Thayamballi, Fabien) |
| Filing 20 AFFIDAVIT OF SERVICE of Summons and Complaint,. Mix 1 Life, Inc. served on 5/29/2017, answer due 6/19/2017. Service was accepted by Michael Lasala, Director. Document filed by MSG Sports & Entertainment, LLC; MSG Arena, LLC. (Thayamballi, Fabien) |
| Filing 19 AFFIDAVIT OF SERVICE of Summons and Complaint,. BrandMark Products, Inc. served on 5/25/2017, answer due 6/15/2017. Service was accepted by Megan Thomas, Managing Agent. Document filed by MSG Sports & Entertainment, LLC; MSG Arena, LLC. (Thayamballi, Fabien) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Mix 1 Life, Inc.. (pc) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to TDG Brands, Inc.. (pc) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to TDG, Inc.. (pc) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to TDG Holdings LLC. (pc) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to TDG and Associates, LLC. (pc) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to BrandMark Products, Inc.. (pc) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to TDG, Inc., re: #1 Complaint,. Document filed by MSG Arena, LLC, MSG Sports & Entertainment, LLC. (Arato, Cynthia) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to TDG Holdings LLC, re: #1 Complaint,. Document filed by MSG Arena, LLC, MSG Sports & Entertainment, LLC. (Arato, Cynthia) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to TDG Brands, Inc., re: #1 Complaint,. Document filed by MSG Arena, LLC, MSG Sports & Entertainment, LLC. (Arato, Cynthia) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to TDG and Associates, LLC, re: #1 Complaint,. Document filed by MSG Arena, LLC, MSG Sports & Entertainment, LLC. (Arato, Cynthia) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Mix 1 Life, Inc. d/b/a Mixx Brands, Inc., re: #1 Complaint,. Document filed by MSG Arena, LLC, MSG Sports & Entertainment, LLC. (Arato, Cynthia) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to BrandMark Products, Inc., re: #1 Complaint,. Document filed by MSG Arena, LLC, MSG Sports & Entertainment, LLC. (Arato, Cynthia) |
| Filing 6 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) |
| ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Cynthia S. Arato. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:1114 Trademark Infringement (Lanham Act); Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1051 Trademark Infringement; the Fee Status code has been modified to pd (paid). (kl) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Cynthia S. Arato. The party information for the following party/parties has been modified: MSG SPORTS & ENTERTAINMENT LLC, Steven Delaportas, Jerry Delaportas, Mix 1 Life, Inc. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was omitted. (kl) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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 James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (kl) |
| Case Designated ECF. (kl) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent THE MADISON SQUARE GARDEN COMPANY, Corporate Parent MSG SPORTS & ENTERTAINMENT LLC, Corporate Parent MSG Arena Holdings, LLC for MSG Arena, LLC; Corporate Parent THE MADISON SQUARE GARDEN COMPANY for MSG SPORTS & ENTERTAINMENT LLC. Document filed by MSG Arena, LLC, MSG SPORTS & ENTERTAINMENT LLC.(Arato, Cynthia) |
| Filing 4 CIVIL COVER SHEET filed. (Arato, Cynthia) |
| Filing 3 NOTICE OF APPEARANCE by Fabien Manohar Thayamballi on behalf of MSG Arena, LLC, MSG SPORTS & ENTERTAINMENT LLC. (Thayamballi, Fabien) |
| Filing 2 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Arato, Cynthia) |
| Filing 1 COMPLAINT against BrandMark Products, Inc., Jerry Delaportas, Steven Delaportas, Mix 1 Life, Inc., TDG Brands, Inc., TDG Holdings LLC, TDG and Associates, LLC, TDG, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-13682900)Document filed by MSG SPORTS & ENTERTAINMENT LLC, MSG Arena, LLC. (Attachments: #1 Exhibit A)(Arato, Cynthia) |
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