Osram Sylvania Inc. v. Ledvance LLC
| Osram Sylvania Inc. |
| Ledvance LLC |
| 1:2020cv09858 |
| November 23, 2020 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 21, 2024. A more recent docket listing may be available from PACER.
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Filing 47
NOTICE of Intent to Request Redaction by Alexandra Pearl Kolod re #37 Transcript,,..(Kolod, Alexandra)
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Filing 46
ORDER granting #45 Letter Motion to Adjourn Conference. Application granted. The initial pre-trial conference scheduled for January 22 is hereby adjourned until January 29, 2021 at 3:00 pm. The parties shall file a joint letter with a proposed case management plan by no later than January 22, 2021. SO ORDERED. Initial Conference set for 1/29/2021 at 03:00 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 1/15/2021) (kv)
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Filing 45
FIRST LETTER MOTION to Adjourn Conference and pre-conference submission deadlines addressed to Judge Ronnie Abrams from Alexandra P. Kolod, Esq. dated 1/14/2021. Document filed by Osram Sylvania Inc...(Kolod, Alexandra)
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Filing 44
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Judge Ronnie Abrams on 1/14/2021) (kv)
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Filing 43
***SELECTED PARTIES***DECLARATION of Greg Bibbo in Support re: #20 SECOND LETTER MOTION to Seal addressed to Judge Ronnie Abrams from Toby Butterfield dated December 7, 2020.. Document filed by Osram Sylvania Inc., Ledvance LLC. Motion or Order to File Under Seal: #41 .(Butterfield, Toby)
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Filing 42
***SELECTED PARTIES***DECLARATION of Toby Butterfield in Support re: #20 SECOND LETTER MOTION to Seal addressed to Judge Ronnie Abrams from Toby Butterfield dated December 7, 2020.. Document filed by Osram Sylvania Inc., Ledvance LLC. Motion or Order to File Under Seal: #40 .(Butterfield, Toby)
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Filing 41
DECLARATION of Greg Bibbo in Support re: #15 Order to Show Cause,,,,,,,,. Document filed by Osram Sylvania Inc.. (Attachments: #1 Exhibit A).(Butterfield, Toby)
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Filing 40
DECLARATION of Toby Butterfield in Support re: #15 Order to Show Cause,,,,,,,,. Document filed by Osram Sylvania Inc...(Butterfield, Toby)
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Filing 39
PROPOSED PROTECTIVE ORDER. Document filed by Osram Sylvania Inc...(Kolod, Alexandra)
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Filing 38
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/6/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 37
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/6/2021 before Judge Ronnie Abrams. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/2/2021. Redacted Transcript Deadline set for 2/12/2021. Release of Transcript Restriction set for 4/12/2021..(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 1/6/2021. (Court Reporter Karen Gorlaski) (arc)
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Filing 36
ORDER: The Court will hold oral argument via video conference on the pending motion for a preliminary injunction on January 6, 2021 at 2:00 p.m. The conference line for argument is (888) 363-4749 and the access code is 1015508. This line is open to the public. The Court will contact the parties the day before argument regarding the videoconferencing technology. If it is not feasible for the parties to appear at that time, they should jointly notify the Court as soon as possible by letter filed on ECF and include proposed alternative dates for this conference. SO ORDERED. Telephone Conference set for 1/6/2021 at 02:00 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 12/28/2020) (kv)
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Filing 35
LETTER addressed to Judge Ronnie Abrams from Toby Butterfield dated 12/22/2020 re: Hearing on Plaintiff's Motion for a Preliminary Injunction. Document filed by Osram Sylvania Inc...(Butterfield, Toby)
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Filing 34
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support . Document filed by Osram Sylvania Inc., Ledvance LLC. Motion or Order to File Under Seal: #20 .(Butterfield, Toby)
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Filing 33
***SELECTED PARTIES***DECLARATION of Greg Bibbo in Support. Document filed by Osram Sylvania Inc., Ledvance LLC. Motion or Order to File Under Seal: #20 .(Butterfield, Toby)
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Filing 32
***SELECTED PARTIES***DECLARATION of Stefan Schwarz in Support re: #20 SECOND LETTER MOTION to Seal addressed to Judge Ronnie Abrams from Toby Butterfield dated December 7, 2020.. Document filed by Osram Sylvania Inc., Ledvance LLC. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #20 .(Butterfield, Toby)
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Filing 31
***SELECTED PARTIES***DECLARATION of Shaun P. Montana in Support re: #20 SECOND LETTER MOTION to Seal addressed to Judge Ronnie Abrams from Toby Butterfield dated December 7, 2020.. Document filed by Osram Sylvania Inc., Ledvance LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)Motion or Order to File Under Seal: #20 .(Butterfield, Toby)
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Filing 30
REPLY MEMORANDUM OF LAW in Support re: #15 Order to Show Cause,,,,,,,, Reply Memorandum of Law in Further Support of Motion for Preliminary Injunction. Document filed by Osram Sylvania Inc...(Butterfield, Toby)
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Filing 29
DECLARATION of Greg Bibbo in Support re: #15 Order to Show Cause,,,,,,,,. Document filed by Osram Sylvania Inc...(Butterfield, Toby)
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Filing 28
DECLARATION of Stefan Schwarz in Support re: #15 Order to Show Cause,,,,,,,,. Document filed by Osram Sylvania Inc.. (Attachments: #1 Exhibit A - Placeholder).(Butterfield, Toby)
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Filing 27
DECLARATION of Shaun P. Montana in Support re: #15 Order to Show Cause,,,,,,,,. Document filed by Osram Sylvania Inc.. (Attachments: #1 Exhibit A - Placeholder, #2 Exhibit B- Placeholder, #3 Exhibit C).(Butterfield, Toby)
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Filing 26
NOTICE OF APPEARANCE by Gregg Adam Paradise on behalf of Ledvance LLC..(Paradise, Gregg)
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Filing 25
DECLARATION of Toby Butterfield, Esq. in Support re: #15 Order to Show Cause,,,,,,,,. Document filed by Osram Sylvania Inc.. (Attachments: #1 Exhibit A (placeholder), #2 Exhibit B, #3 Exhibit C (placeholder), #4 Exhibit D, #5 Exhibit E, #6 Exhibit F (placeholder), #7 Exhibit G).(Butterfield, Toby)
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Filing 24
DECLARATION of Greg Bibbo in Support re: #15 Order to Show Cause,,,,,,,,. Document filed by Osram Sylvania Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B (placeholder), #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I).(Butterfield, Toby)
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Filing 23
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #20 SECOND LETTER MOTION to Seal addressed to Judge Ronnie Abrams from Toby Butterfield dated December 7, 2020. . Document filed by Osram Sylvania Inc., Ledvance LLC. Motion or Order to File Under Seal: #20 .(Butterfield, Toby)
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Filing 22
***SELECTED PARTIES***DECLARATION of Toby Butterfield in Support re: #20 SECOND LETTER MOTION to Seal addressed to Judge Ronnie Abrams from Toby Butterfield dated December 7, 2020.. Document filed by Osram Sylvania Inc., Ledvance LLC. (Attachments: #1 Exhibit A, #2 Exhibit C, #3 Exhibit F)Motion or Order to File Under Seal: #20 .(Butterfield, Toby)
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Filing 21
***SELECTED PARTIES***DECLARATION of Greg Bibbo in Support re: #20 SECOND LETTER MOTION to Seal addressed to Judge Ronnie Abrams from Toby Butterfield dated December 7, 2020.. Document filed by Osram Sylvania Inc., Ledvance LLC. (Attachments: #1 Exhibit B)Motion or Order to File Under Seal: #20 .(Butterfield, Toby)
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Filing 20
SECOND LETTER MOTION to Seal addressed to Judge Ronnie Abrams from Toby Butterfield dated December 7, 2020. Document filed by Osram Sylvania Inc...(Butterfield, Toby)
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Filing 19
DECLARATION of Frank Rescigno re: #17 Declaration in Support, #18 Memorandum of Law in Support, #16 Declaration in Support, #15 Order to Show Cause,,,,,,,, Declaration of Proof of Service. Document filed by Osram Sylvania Inc...(Butterfield, Toby)
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Filing 18
MEMORANDUM OF LAW in Support re: #15 Order to Show Cause,,,,,,,, Memorandum of Law in Support of Preliminary Injunction. Document filed by Osram Sylvania Inc...(Butterfield, Toby)
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Filing 17
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #25) - DECLARATION of Toby M. J. Butterfield in Support re: #15 Order to Show Cause. Document filed by Osram Sylvania Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Butterfield, Toby) Modified on 12/10/2020 (ldi).
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Filing 16
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #24) - DECLARATION of Greg Bibbo in Support re: #15 Order to Show Cause. Document filed by Osram Sylvania Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I).(Butterfield, Toby) Modified on 12/10/2020 (ldi).
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Filing 15
ORDER TO SHOW CAUSE: LET defendant LEDVANCE LLC ("Ledvance"), show cause before this Court, if any there be, at such time that this Court deems appropriate, why an Order should not be made and entered, pursuant to F.R. Civ. P. 65, enjoining Ledvance, and those acting in concert with it, from continuing to operate a Brand Shop (as defined in section 12.8 of the Trademark License Agreement between Ledvance and Sylvania) on Amazon or otherwise through which Ledvance offers for sale products bearing any of the trademarks licensed from Sylvania, and from continuing to use those Marks listed on Exhibit A hereto on its website or otherwise, and ordering Ledvance to immediately disable its Brand Shop on Amazon. FURTHER ORDERED, that Ledvance's papers in opposition to this application, if any there be, shall be filed electronically with the Court and delivered by hand, overnight courier, or electronic mail to Sylvania's counsel of record Moses & Singer LLP, 405 Lexington Avenue, New York, New York 10174, Attn: Toby Butterfield (tbutterfield@mosessinger.com), on or before December 16, 2020. Plaintiff shall file any Reply papers on or before December 23, 2020; FURTHER ORDERED, that that Ledvance is hereby given notice that failure to appear at the show cause hearing scheduled above may result in the imposition of a preliminary injunction against them pursuant to Fed. R. Civ. P. 65, which may take effect immediately upon the expiration of this Order, and may extend throughout the length of the litigation under the same terms and conditions set forth in this Order; FURTHER ORDERED, that service of a copy of this Order, and of the papers upon which it is based, shall be deemed good and sufficient if filed electronically with the Court and delivered by hand, overnight courier, or electronic mail to Ledvance's counsel of record, Lerner David Littenberg Krumholz & Mentlik LLP, 20 Commerce Drive, Cranford, NJ 07016, Attn: Gregg Paradise (gparadise@lernerdavid.com), on or before December 7, 2020; SO ORDERED. Show Cause Response due by 12/16/2020. (Signed by Judge Ronnie Abrams on 12/4/2020) (kv)
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Set/Reset Deadlines: Replies due by 12/23/2020. (kv)
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Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 12/2/2020. (arc)
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Filing 14
ORDER: It is hereby ORDERED that counsel for both parties appear for a status conference on December 2, 2020 at 11:30 a.m. In light of the COVID-19 crisis, the Court will hold this conference by telephone. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. ( Telephone Conference set for 12/2/2020 at 11:30 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 12/1/2020) (cf)
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Filing 13
NOTICE OF APPEARANCE by Alexandra Pearl Kolod on behalf of Osram Sylvania Inc...(Kolod, Alexandra)
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Filing 12
ORDER AND NOTICE OF INITIAL CONFERENCE: It is hereby ORDERED that, by January 15, 2021, the parties submit a joint letter, not to exceed five (5) pages, providing the following information in separate paragraphs: as further set forth herein. IT IS FURTHER ORDERED that counsel for all parties appear for an initial status conference on January 22, 2021 at 2:00 p.m. In light of the COVID-19 crisis, the Court will hold this conference by telephone. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. Plaintiff shall promptly serve this Order on Defendants and file proof of such service on the docket. SO ORDERED. Initial Conference set for 1/22/2021 at 02:00 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 11/30/2020) (kv)
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Filing 11
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)..(jgo)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Ledvance LLC..(jgo)
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Filing 9
***SELECTED PARTIES***REDACTION to #1 Complaint by Osram Sylvania Inc., Ledvance LLC (Attachments: #1 Exhibit C (Unredacted))Motion or Order to File Under Seal: #8 .(Butterfield, Toby)
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Filing 8
LETTER MOTION to Seal Complaint (ECF Doc #1) addressed to Judge Ronnie Abrams from Toby Butterfield, Esq. dated November 24, 2020. Document filed by Osram Sylvania Inc...(Butterfield, Toby)
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Filing 7
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review. (Attachments: #1 Exhibit A).(Butterfield, Toby)
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Filing 6
WAIVER OF SERVICE RETURNED EXECUTED. Ledvance LLC waiver sent on 11/23/2020, answer due 1/22/2021. Document filed by Osram Sylvania Inc...(Butterfield, Toby)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Ledvance LLC, re: #1 Complaint. Document filed by Osram Sylvania Inc...(Butterfield, Toby)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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..(pc)
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***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Toby Michael John Butterfield 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. (pc)
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Magistrate Judge Stewart D. Aaron 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. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Toby Michael John Butterfield to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Incorrect court;. 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. (pc)
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Case Designated ECF. (pc)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Osram Gmbh, Other Affiliate OSRAM BeteiligungenGmbH, Other Affiliate OSRAM Licht AG, Other Affiliate ams AG for Osram Sylvania Inc.. Document filed by Osram Sylvania Inc...(Butterfield, Toby)
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Filing 3
CIVIL COVER SHEET filed..(Butterfield, Toby)
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Filing 2
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Ledvance LLC, re: #1 Complaint. Document filed by Osram Sylvania Inc...(Butterfield, Toby) Modified on 11/24/2020 (pc).
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Filing 1
COMPLAINT against Ledvance LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-22711002)Document filed by Osram Sylvania Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Butterfield, Toby)
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| Plaintiff: Osram Sylvania Inc. | |
| Represented By: | Toby Michael John Butterfield |
| Represented By: | Alexandra Pearl Kolod |
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| Defendant: Ledvance LLC | |
| Represented By: | Gregg Adam Paradise |
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