Nourieli et al v. Lemonis et al
| Howard Nourieli and Bowery Kitchen Supplies, Inc. |
| Camping World Holdings, Inc., Machete Corporation d/b/a Machete Productions, Marcus Lemonis, Marcus Lemonis, LLC, CWI, INC., Does 1 through 10 and Machete Corporation a California corporation doing business as Machete Productions |
| 1:2020cv08233 |
| October 2, 2020 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 3, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 56 REPLY MEMORANDUM OF LAW in Support re: #44 MOTION to Dismiss . . Document filed by Machete Corporation..(Segal, Jonathan) |
| Filing 55 REPLY MEMORANDUM OF LAW in Support re: #42 MOTION to Dismiss Amended Complaint as against CWI, Inc.. . Document filed by CWI, INC...(Norberg, Jeffrey) |
| Filing 54 REPLY MEMORANDUM OF LAW in Support re: #39 MOTION to Dismiss Plaintiffs' Amended Complaint as against Marcus Lemonis and Marcus Lemonis, LLC. . Document filed by Marcus Lemonis, Marcus Lemonis, LLC..(Wolfe, Owen) |
Filing 53
ORDER granting #52 Letter Motion for Extension of Time to File Response/Reply: GRANTED. DEFENDANT MACHETE CORPORATION SHALL FILE ANY REPLY ON OR BEFORE FEBRUARY 3, 2021. (HEREBY ORDERED by Judge J. Paul Oetken)(kye)(Text Only Order)
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| Filing 52 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #44 MOTION to Dismiss . addressed to Judge J. Paul Oetken from Samuel M. Bayard dated 01/21/2021. Document filed by Machete Corporation..(Bayard, Samuel) |
| Filing 51 MEMORANDUM OF LAW in Opposition re: #39 MOTION to Dismiss Plaintiffs' Amended Complaint as against Marcus Lemonis and Marcus Lemonis, LLC., #42 MOTION to Dismiss Amended Complaint as against CWI, Inc.. Plaintiff's Opposition to ML Defendants and CWI Defendants' Motion to Dismiss. Document filed by Bowery Kitchen Supplies, Inc., Howard Nourieli..(Lukic, Maja) |
| Filing 50 MEMORANDUM OF LAW in Opposition re: #44 MOTION to Dismiss . Plaintiff's Opposition to Machete Defendants' Motion to Dismiss. Document filed by Bowery Kitchen Supplies, Inc., Howard Nourieli..(Lukic, Maja) |
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Filing 49
ORDER granting #48 Letter Motion for Extension of Time to File Response/Reply. GRANTED. PLAINTIFFS' DEADLINE FOR OPPOSING THE MOTIONS TO DISMISS IS EXTENDED TO JANUARY 13, 2021. DEFENDANTS SHALL REPLY TO ANY OPPOSITION ON OR BEFORE JANUARY 27, 2021. (HEREBY ORDERED by Judge J. Paul Oetken)(kye)(Text Only Order)
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| Filing 48 LETTER MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss Plaintiffs' Amended Complaint as against Marcus Lemonis and Marcus Lemonis, LLC., #42 MOTION to Dismiss Amended Complaint as against CWI, Inc.., #44 MOTION to Dismiss . Filed by Attorney for Plaintiffs Howard Nourieli and Bowery Kitchens addressed to Judge J. Paul Oetken from Maja Lukic dated December 22, 2020. Document filed by Bowery Kitchen Supplies, Inc., Howard Nourieli. (Attachments: #1 Exhibit A - Lemonis Defendants' Email Confirmation, #2 Exhibit B - CWI Defendant's Email Confirmation, #3 Exhibit C - Machete Defendant's Email Confirmation).(Lukic, Maja) |
| Filing 47 JOINDER to join re: #44 MOTION to Dismiss . Joinder in Part of Defendants Marcus Lemonis and Marcus Lemonis, LLC to the Motion to Dismiss of Machete Corporation d/b/a Machete Productions. Document filed by Marcus Lemonis, Marcus Lemonis, LLC..(Wolfe, Owen) |
| Filing 46 DECLARATION of Kimberly Donnan in Support re: #44 MOTION to Dismiss .. Document filed by Machete Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Segal, Jonathan) |
| Filing 45 MEMORANDUM OF LAW in Support re: #44 MOTION to Dismiss . . Document filed by Machete Corporation..(Segal, Jonathan) |
| Filing 44 MOTION to Dismiss . Document filed by Machete Corporation..(Segal, Jonathan) |
| Filing 43 MEMORANDUM OF LAW in Support re: #42 MOTION to Dismiss Amended Complaint as against CWI, Inc.. . Document filed by CWI, INC...(Norberg, Jeffrey) |
| Filing 42 MOTION to Dismiss Amended Complaint as against CWI, Inc.. Document filed by CWI, INC...(Norberg, Jeffrey) |
| Filing 41 DECLARATION of Owen R. Wolfe in Support re: #39 MOTION to Dismiss Plaintiffs' Amended Complaint as against Marcus Lemonis and Marcus Lemonis, LLC.. Document filed by Marcus Lemonis, Marcus Lemonis, LLC. (Attachments: #1 Exhibit A -- Amended Complaint, #2 Exhibit B -- Printout from Facebook Page).(Wolfe, Owen) |
| Filing 40 MEMORANDUM OF LAW in Support re: #39 MOTION to Dismiss Plaintiffs' Amended Complaint as against Marcus Lemonis and Marcus Lemonis, LLC. . Document filed by Marcus Lemonis, Marcus Lemonis, LLC..(Wolfe, Owen) |
| Filing 39 MOTION to Dismiss Plaintiffs' Amended Complaint as against Marcus Lemonis and Marcus Lemonis, LLC. Document filed by Marcus Lemonis, Marcus Lemonis, LLC..(Wolfe, Owen) |
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Filing 38
ORDER granting #33 Motion to Appear Pro Hac Vice; granting #34 Motion to Appear Pro Hac Vice; granting #35 Motion to Appear Pro Hac Vice; granting #37 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
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| Filing 37 MOTION for Richard B. Biagi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22844916. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CWI, INC., Camping World Holdings, Inc.. (Attachments: #1 Text of Proposed Order Proposed PHV Order, #2 Affidavit PHV Affidavit of RBB).(Biagi, Richard) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #37 MOTION for Richard B. Biagi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22844916. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 36 WAIVER OF SERVICE RETURNED EXECUTED. CWI, INC. waiver sent on 11/9/2020, answer due 1/8/2021. Document filed by Bowery Kitchen Supplies, Inc.; Howard Nourieli..(Lukic, Maja) |
| Filing 35 MOTION for Jeffrey Thomas Norberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22574297. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CWI, INC.. (Attachments: #1 Affidavit Norberg Affidavit, #2 Exhibit A California Certificate, #3 Exhibit B Illinois Certificate, #4 Text of Proposed Order).(Norberg, Jeffrey) |
| Filing 34 MOTION for Rachel R. Goldberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22572375. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Machete Corporation. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 (Proposed) Order).(Goldberg, Rachel) |
| Filing 33 MOTION for Jonathan L. Segal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22572232. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Machete Corporation. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 (Proposed) Order).(Segal, Jonathan) |
| Filing 32 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Machete Corporation..(Segal, Jonathan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Jonathan L. Segal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22572232. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #35 MOTION for Jeffrey Thomas Norberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22574297. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for Rachel R. Goldberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22572375. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 31
ORDER granting #27 Motion to Appear Pro Hac Vice; granting #28 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
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| Filing 30 WAIVER OF SERVICE RETURNED EXECUTED. Marcus Lemonis waiver sent on 11/9/2020, answer due 1/8/2021; Marcus Lemonis, LLC waiver sent on 11/9/2020, answer due 1/8/2021. Document filed by Bowery Kitchen Supplies, Inc.; Howard Nourieli..(Lukic, Maja) |
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Filing 29
ORDER granting #26 Letter Motion for Extension of Time to Answer. GRANTED. DEFENDANT MACHETE CORPORATION SHALL RESPOND TO THE FIRST AMENDED COMPLAINT ON OR BEFORE DECEMBER 16, 2020. (HEREBY ORDERED by Judge J. Paul Oetken)(kye)(Text Only Order)
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| Filing 28 MOTION for Michael D. Wexler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22519607. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marcus Lemonis, Marcus Lemonis, LLC. (Attachments: #1 Declaration in Support, #2 Exhibit A - Illinois Certificate of Good Standing, #3 Proposed Order).(Wexler, Michael) |
| Filing 27 MOTION for Jesse M. Coleman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22519302. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marcus Lemonis, Marcus Lemonis, LLC. (Attachments: #1 Declaration in Support, #2 Exhibit A - Texas Certificate of Good Standing, #3 Exhibit B - Virginia Certificate of Good Standing, #4 Proposed Order).(Coleman, Jesse) |
| Filing 26 CONSENT LETTER MOTION for Extension of Time to File Answer re: #23 Amended Complaint, addressed to Judge J. Paul Oetken from Samuel M. Bayard dated 11/10/2020. Document filed by Machete Corporation..(Bayard, Samuel) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Michael D. Wexler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22519607. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Jesse M. Coleman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22519302. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 25 ELECTRONIC SUMMONS ISSUED as to CWI, INC.. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Maja Lukic. The party information for the following party/parties has been modified: CWI, Inc.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj) |
| Filing 24 REQUEST FOR ISSUANCE OF SUMMONS as to CWI, INC., a Kentucky Corporation, re: #23 Amended Complaint,. Document filed by Bowery Kitchen Supplies, Inc., Howard Nourieli..(Lukic, Maja) |
| Filing 23 FIRST AMENDED COMPLAINT amending #21 Amended Complaint,, against CWI, INC., Does 1 through 10, Marcus Lemonis, Machete Corporation, Marcus Lemonis, LLC with JURY DEMAND.Document filed by Bowery Kitchen Supplies, Inc., Howard Nourieli. Related document: #21 Amended Complaint,,. (Attachments: #1 Exhibit A - Trademark Registration, #2 Exhibit B - Alternate Term Sheet, #3 Exhibit C - Purchase Agreement, #4 Exhibit D - Trademark License Agreement).(Lukic, Maja) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Maja Lukic. The party information for the following party/parties has been modified: Doe 1. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Maja Lukic to RE-FILE Document No. #21 Amended Complaint. The filing is deficient for the following reason(s): all of the parties whom the pleading is against were not selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Maja Lukic. The following party/parties has been removed from this case: Doe 2, Doe 3, Doe 4, Doe 5, Doe 6, Doe 7, Doe 8, Doe 9, Doe 10. The party was added to the case in error. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Maja Lukic to RE-FILE Document No. #22 Request for Issuance of Summons. The filing is deficient for the following reason(s): summons request was not processed due to deficient pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 22 REQUEST FOR ISSUANCE OF SUMMONS as to CWI, INC., a Kentucy Corporation, re: #21 Amended Complaint,. Document filed by Bowery Kitchen Supplies, Inc., Howard Nourieli..(Lukic, Maja) |
| Filing 21 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint,, against CWI, INC. with JURY DEMAND.Document filed by Bowery Kitchen Supplies, Inc., Howard Nourieli. Related document: #1 Complaint,,. (Attachments: #1 Exhibit A - Trademark Registration, #2 Exhibit B - Alternate Term Sheet, #3 Exhibit C - Purchase Agreement, #4 Exhibit D - Trademark License Agreement).(Lukic, Maja) Modified on 11/4/2020 (jgo). |
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Filing 20
ORDER granting #18 Letter Motion for Extension of Time. GRANTED. DEFENDANTS MARCUS LEMONIS AND MARCUS LEMONIS, LLC SHALL RESPOND TO THE COMPLAINT ON OR BEFORE DECEMBER 16, 2020. (HEREBY ORDERED by Judge J. Paul Oetken)(kye)(Text Only Order)
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Filing 19
ORDER granting #17 Letter Motion for Extension of Time to Answer. GRANTED. DEFENDANT MACHETE CORPORATION SHALL RESPOND TO THE COMPLAINT ON OR BEFORE NOVEMBER 23, 2020. (HEREBY ORDERED by Judge J. Paul Oetken)(kye)(Text Only Order)
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| Filing 18 LETTER MOTION for Extension of Time to Answer or Respond to Complaint (Dkt. No. 1) addressed to Judge J. Paul Oetken from Owen R. Wolfe dated October 28, 2020. Document filed by Marcus Lemonis, Marcus Lemonis, LLC. (Attachments: #1 Exhibit A -- Email correspondence with Plaintiffs' counsel).(Wolfe, Owen) |
| Filing 17 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge J. Paul Oetken from Samuel M. Bayard dated 10/28/2020. Document filed by Machete Corporation..(Bayard, Samuel) |
| Filing 16 NOTICE OF APPEARANCE by Samuel Bayard on behalf of Machete Corporation..(Bayard, Samuel) |
| Filing 15 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Howard Nourieli..(Lukic, Maja) |
| Filing 14 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)..(sj) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Machete Corporation. (sj) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Marcus Lemonis, LLC..(sj) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Marcus Lemonis. (sj) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Camping World Holdings, Inc.. (sj) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Doe 1, Doe 2, Doe 3, Doe 4, Doe 5, Doe 6, Doe 7, Doe 8, Doe 9, Doe 10 added. Party added pursuant to #1 Complaint,,.Document filed by Doe 1. Related document: #1 Complaint,,..(Lukic, Maja) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Maja Lukic re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Does 1 through 10 must be added to docket. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Maja Lukic. The party information for the following party/parties has been modified: All parties. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party type was entered incorrectly. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT TRADEMARK FORM. Notice to Attorney Maja Lukic re: Document No. #8 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the Docket Number field on the AO 120 Patent/Trademark form was not completed by the attorney. Do not re-file the form. The Court has corrected the deficiency/deficiencies. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Maja Lukic. The following case opening statistical information was erroneously selected/entered: Dollar Demand (none). The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,000,000. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj) |
| Case Designated ECF. (sj) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) |
| Filing 9 NOTICE OF APPEARANCE by Maja Lukic on behalf of Bowery Kitchen Supplies, Inc., Howard Nourieli..(Lukic, Maja) |
| Filing 8 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Lukic, Maja) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bowery Kitchen Supplies, Inc., Howard Nourieli..(Lukic, Maja) |
| Filing 6 CIVIL COVER SHEET filed..(Lukic, Maja) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Machete Corporation d/b/a Machete Productions, re: #1 Complaint,. Document filed by Bowery Kitchen Supplies, Inc., Howard Nourieli..(Lukic, Maja) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Marcus Lemonis, LLC, re: #1 Complaint,. Document filed by Bowery Kitchen Supplies, Inc., Howard Nourieli..(Lukic, Maja) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Marcus Lemonis, re: #1 Complaint,. Document filed by Bowery Kitchen Supplies, Inc., Howard Nourieli..(Lukic, Maja) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Camping World Holdings, Inc., re: #1 Complaint,. Document filed by Bowery Kitchen Supplies, Inc., Howard Nourieli..(Lukic, Maja) |
| Filing 1 COMPLAINT against Camping World Holdings, Inc., Marcus Lemonis, Machete Corporation d/b/a Machete Productions, Marcus Lemonis, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-21961717)Document filed by Howard Nourieli, Bowery Kitchen Supplies, Inc.. (Attachments: #1 Exhibit Ex A -US Patent Trademark, #2 Exhibit Ex B - Marcus Lemonis LLC Agmnt, #3 Exhibit Ex C - Purchase Agmnt, #4 Exhibit Ex D - Trademark License Agmnt).(Lukic, Maja) Modified on 10/5/2020 (sj). Modified on 11/4/2020 (jgo). |
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