DRT Group, LLC v. Image Comics, Inc.
| DRT Group, LLC |
| Hourglass LLC, Image Comics, Inc. and Forbidden Planet LLC |
| 1:2018cv10416 |
| November 8, 2018 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 12, 2019. A more recent docket listing may be available from PACER.
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Heather McDonald. RE-FILE Document No. #28 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong event type was used to file the voluntary dismissal. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents. (Before re-filing change title of document to Stipulation of voluntary dismissal). (dt) |
| Filing 30 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 2/11/2019 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 Supplement Trademark Information) (ama) |
Filing 29
CONSENT DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiff, DRT GROUP, LLC, and Defendants IMAGE COMICS, INC., and HOURGLASS LLC, that, whereas no party hereto is an infant or incompetent, all claims in this action by Plaintiff against Defendants and the cross claim by HOURGLASS LLC against IMAGE COMICS, INC. are hereby dismissed with prejudice and without costs pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 2/11/2019) (ama)
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| Filing 28 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Image Comics, Inc., Hourglass LLC. Document filed by Image Comics, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (McDonald, Heather) Modified on 2/12/2019 (dt). |
| Filing 27 NOTICE of Settlement of Controversy. Document filed by DRT Group, LLC. (Bostany, John) |
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Filing 26
STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the parties in the above-captioned action, as follows: The time for IMAGE COMICS, INC. to answer, or otherwise respond to, DRT GROUP, LLC's Amended Complaint is further extended to January 30, 2019. By agreeing to this stipulation, the parties do not waive and expressly preserve any and all defenses and claims they may have. So Ordered. Image Comics, Inc. answer due 1/30/2019. (Signed by Judge Naomi Reice Buchwald on 1/7/2019) (ne)
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| Filing 25 PROPOSED STIPULATION AND ORDER. Document filed by Image Comics, Inc.. (Wallace, Kevin) |
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Filing 24
CONSENT INJUNCTION: IT IS hereby ORDERED, that HOURGLASS LLC, its owners, agents, employees, affiliates, alter egos, officers, successors and all those acting in concert or active participation with any of them are hereby permanently enjoined from using the words "DEAD RABBIT" or any mark similar thereto or substantially indistinguishable therefrom in violation of the trademark claimed by DRT Group, LLC, in connection with the sale, purchase, offering for sale, display, transfer, marketing, advertising or distribution of any products or services, unless authorized in writing by DRT Group, LLC. Nothing herein shall constitute an admission of wrongdoing, fault or liability on the part of any party. So Ordered. (Signed by Judge Naomi Reice Buchwald on 12/12/2018) (anc)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #23 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 23 PROPOSED ORDER. Document filed by DRT Group, LLC. (Bostany, John) Proposed Order to be reviewed by Clerk's Office staff. |
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Filing 22
STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the parties in the above-captioned action, as follows: The time for IMAGE COMICS, INC., ("Defendant") to answer, or otherwise respond to DRT GROUP, LLC's ("Plaintiff") Amended Complaint is extended to January 9, 2019. Defendant agrees to provide Plaintiff with the distributor information and sales volume for defendant's DEAD RABBIT comic books on or before December 14, 2018. By agreeing to this stipulation, the parties do not waive and expressly preserveany and all defenses and claims they may have. SO ORDERED., Image Comics, Inc. answer due 1/9/2019. (Signed by Judge Naomi Reice Buchwald on 12/05/2018) (ama)
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| Filing 21 PROPOSED STIPULATION AND ORDER. Document filed by Image Comics, Inc.. (McDonald, Heather) |
| Filing 20 NOTICE OF APPEARANCE by Robert Jan Miletsky on behalf of Hourglass LLC. (Miletsky, Robert) |
| Filing 19 ANSWER to #2 Amended Complaint,,., CROSSCLAIM against Image Comics, Inc.. Document filed by Hourglass LLC.(Miletsky, Robert) |
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Filing 18
CONSENT INJUNCTION: IT IS hereby ORDERED, that IMAGE COMICS, INC., its owners, agents, employees, affiliates, alter egos, officers, successors and all those acting in conceit or active participation with any of them are hereby permanently enjoined from using the words "DEAD RABBIT" or any mark similar thereto or substantially indistinguishable therefrom in connection with the sale, purchase, offering for sale, display, transfer, marketing, advertising or distribution of any products or services. So ordered. (Signed by Judge Naomi Reice Buchwald on 11/27/2018) (ne)
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| Filing 17 PROPOSED ORDER. Document filed by DRT Group, LLC. (Bostany, John) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #17 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 16 PROPOSED JUDGMENT. Document filed by DRT Group, LLC. (Bostany, John) Proposed Judgment to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #16 Proposed Judgment was reviewed and approved as to form. (km) |
| Filing 15 LETTER addressed to Judge Naomi Reice Buchwald from Kevin M. Wallace dated November 21, 2018 re: Response to Plaintiff's Rule 37.2 Letter-Motion. Document filed by Image Comics, Inc.. (Attachments: #1 Exhibit A-E-Mail)(Wallace, Kevin) |
| Filing 14 LETTER MOTION for Local Rule 37.2 Conference to serve discovery pursuant to Rule 26(d) addressed to Judge Naomi Reice Buchwald from Samantha B. Welborne dated November 20, 2018. Document filed by DRT Group, LLC. (Attachments: #1 Exhibit A - Trademark Reg., #2 Exhibit B - Nov. 13 Letter, #3 Exhibit C - Nov. 15 Letter, #4 Exhibit D - Rule 26(f) Scheduled)(Welborne, Samantha) |
| Filing 13 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Image Comics, Inc. served on 11/13/2018, answer due 12/4/2018. Service was accepted by Manager. Document filed by DRT Group, LLC. (Welborne, Samantha) |
| Filing 12 NOTICE OF APPEARANCE by Samantha Brooke Welborne on behalf of DRT Group, LLC. (Welborne, Samantha) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Image Comics, Inc.. (pc) |
| Filing 10 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). (pc) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to IMAGE COMICS, INC., re: #2 Amended Complaint,,. Document filed by DRT Group, LLC. (Bostany, John) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Hourglass LLC served on 11/9/2018, answer due 11/30/2018. Service was accepted by Store Manager. Document filed by DRT Group, LLC. (Bostany, John) |
| Filing 7 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Bostany, John) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Hourglass LLC. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Peter Bostany. The following case opening statistical information was erroneously selected/entered: Dollar Demand 4,000,000,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 4,000,000. (dnh) |
| 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. (dnh) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney John Peter Bostany to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (dnh) |
| Magistrate Judge Debra C. Freeman 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. (dnh) |
| Case Designated ECF. (dnh) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to HOURGLASS LLC, re: #2 Amended Complaint,,. Document filed by DRT Group, LLC. (Bostany, John) |
| Filing 4 CIVIL COVER SHEET filed. (Bostany, John) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by DRT Group, LLC.(Bostany, John) |
| Filing 2 AMENDED COMPLAINT amending #1 Complaint, against Image Comics, Inc., Hourglass LLC with JURY DEMAND.Document filed by DRT Group, LLC. Related document: #1 Complaint,. (Attachments: #1 Exhibit A - Dead Rabbit Trademark, #2 Exhibit B - Release of infringing comic books, #3 Exhibit C - Promo at NYC Comic Con, #4 Exhibit D - Cease and Desist to Image Comics, #5 Exhibit E - Cease and Desist to Forbidden Planet, #6 Exhibit F - Sample of one of original DEAD RABBIT comic book)(Bostany, John) |
| Filing 1 COMPLAINT against Forbidden Planet LLC, Image Comics, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-15887848)Document filed by DRT Group, LLC. (Attachments: #1 Exhibit A - Trademark Registration, #2 Exhibit B - Release of Infringing Dead Rabbit, #3 Exhibit C - Promo at NYC Comic Con, #4 Exhibit D - Cease and Desist to Image Comics, #5 Exhibit E - Cease and Desist to Forbidden Planet, #6 Exhibit F - Sample of Original Dead Rabbit)(Bostany, John) |
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