Legend Advance Funding II, LLC v. Legend Funding Partners LLC et al
| Legend Advance Funding II, LLC |
| Legend Funding Partners LLC and Arnold Bhikhai |
| 1:2019cv09170 |
| October 3, 2019 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Trademark |
| 28 U.S.C. ยง 1338 tr Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 2, 2019. A more recent docket listing may be available from PACER.
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| Filing 14 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 12/2/2019 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). (rjm) |
Filing 13
STIPULATED PERMANENT INJUNCTION. AND NOW, this 25th day of November, 2019, upon consideration of the consent of Plaintiff Legend Advance II, LLC ("Legend Funding") and Defendants Legend Funding Partners, LLC ("Legend Funding Partners") and Arnold Bhikhai ("Mr. Bhikhai") (Legend Funding Partners and Mr. Bhikhai are collectively "Stipulating Parties") to the entry of this Stipulated Permanent Injunction, it is hereby ORDERED and DECREED that a Stipulated Permanent Injunction shall issue on the following terms: Legend Funding is a provider of financing solutions to small and medium sized businesses ("Plaintiffs Services"). Legend Funding owns common law rights, established by continued and exclusive use, in its LEGEND FUNDING trademark for services related to the advertising, promotion, distribution, sale and offer for sale in interstate commerce of Plaintiff's Services. Mr. Bhikhai is the owner and principal of Legend Funding Partners. Stipulating Parties, including any of their current and future affiliates, websites, related entities, operating divisions, parent corporations, subsidiaries, partners, successors, licensees, assigns, directors, officers, agents, employees, representatives, and all persons acting on behalf of or in concert with the Stipulating Parties, are hereby immediately, permanently, and forever enjoined from doing, aiding, contributing to, causing, and abetting, directly or indirectly, any of the following: a. using or registering a company name, trademark, or service mark that contains the designation LEGEND FUNDING, and as further specified herein in this Stipulated Permanent Injunction. This action shall be dismissed as against the Stipulating Parties with prejudice upon entry of this Order, but the Court will retain jurisdiction over the Stipulating Parties to enforce the terms of this Order, and as further specified in this Stipulated Permanent Injunction. Each Party shall bear its own costs and attorneys' fees incurred in connection with the Action. STIPULATED AND AGREED TO BY THE PARTIES. So ordered this 2nd day of December, 2019. Arnold Bhikhai and Legend Funding Partners LLC terminated. (Signed by Judge Naomi Reice Buchwald on 12/2/2019) (rjm)
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| Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by Legend Advance Funding II, LLC. (Shire, Howard) |
| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by Legend Advance Funding II, LLC. (Shire, Howard) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,. Arnold Bhikhai served on 11/1/2019, answer due 11/22/2019. Service was accepted by Mandeep "Doe", person of suitable age and discretion. Document filed by Legend Advance Funding II, LLC. (Shire, Howard) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint,. Legend Funding Partners LLC served on 10/21/2019, answer due 11/12/2019. Service was accepted by Lisa Raimondi, Secretary. Document filed by Legend Advance Funding II, LLC. (Shire, Howard) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Legend Funding Partners LLC. (sj) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Arnold Bhikhai. (sj) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Arnold Bhikhai, re: #1 Complaint,. Document filed by Legend Advance Funding II, LLC. (Shire, Howard) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Legend Funding Partners LLC, re: #1 Complaint,. Document filed by Legend Advance Funding II, LLC. (Shire, Howard) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Legend Advance Funding II, LLC.(Shire, Howard) |
| Filing 3 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Shire, Howard) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Howard Jeffrey Shire 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) |
| 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) |
| Case Designated ECF. (dnh) |
| Magistrate Judge Robert W. Lehrburger 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) |
| Filing 2 CIVIL COVER SHEET filed. (Shire, Howard) |
| Filing 1 COMPLAINT against Arnold Bhikhai, Legend Funding Partners LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-17712587)Document filed by Legend Advance Funding II, LLC. (Attachments: #1 Exhibit Legend Funding website, #2 Exhibit corporate registration details, #3 Exhibit written demand, #4 Exhibit September 9, 2019 email, #5 Exhibit September 9, 2019 response email, #6 Exhibit September 10, 2019 email, #7 Exhibit copies of website pages)(Shire, Howard) |
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