Chanel, Inc. v. Shiver and Duke LLC et al
| Chanel, Inc. |
| John Does 1-10, Shiver and Duke LLC and Edith Anne Hunt |
| 1:2021cv01277 |
| February 12, 2021 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| Defendant |
Docket Report
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This docket was last retrieved on November 29, 2022. A more recent docket listing may be available from PACER.
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Filing 41
JOINT LETTER addressed to Judge Mary Kay Vyskocil from Barbara A. Solomon dated October 11, 2022 re: Parties joint letter and Proposed Civil Case Management Plan and Scheduling Order. Document filed by Chanel, Inc.. (Attachments: #1 Exhibit A- Proposed Case management Plan and Scheduling Order).(Solomon, Barbara)
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Filing 40
DEMAND for Trial by Jury. Document filed by Edith Anne Hunt, Shiver and Duke LLC.(Liston, David)
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Filing 39
NOTICE of Withdrawal of Affirmative Defenses. Document filed by Edith Anne Hunt, Shiver and Duke LLC..(Liston, David)
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Filing 38
ANSWER to #1 Complaint,. Document filed by Shiver and Duke LLC..(Liston, David)
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Filing 37
ORDER granting #36 Letter Motion for Extension of Time. SO ORDERED.. (Signed by Judge Mary Kay Vyskocil on 9/13/2022) (tg)
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Filing 36
LETTER MOTION for Extension of Time to Answer Complaint addressed to Judge Mary Kay Vyskocil from David G. Liston dated 09/13/2022. Document filed by Shiver and Duke LLC..(Liston, David)
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Set/Reset Deadlines: Edith Anne Hunt answer due 9/27/2022; Shiver and Duke LLC answer due 9/27/2022. (tg)
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Filing 35
NOTICE OF INITIAL PRETRIAL CONFERENCE: The Court directs counsel for all parties to appear at an Initial Pretrial Conference on October 18, 2022, at 11:00 AM in Courtroom 18C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. And as set forth herein. Any request for an extension or adjournment shall be made by letter filed on ECF and must be received at least 72 hours before the deadline or conference. SO ORDERED. Initial Conference set for 10/18/2022 at 11:00 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 8/30/2022) (ama)
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Filing 34
OPINION AND ORDER DENYING MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, IN THE ALTERNATIVE, TO TRANSFER VENUE: re: #27 MOTION to Dismiss for Lack of Jurisdiction filed by Edith Anne Hunt, Shiver and Duke LLC. For the foregoing reasons, Defendant's Motion to Dismiss for lack of jurisdiction or, in the alternative, to transfer venue under 28 U.S.C. 1404(a) [ECF No. 27] is DENIED. The Clerk of Court is respectfully requested to terminate docket entry 27. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/30/2022) (ama)
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Filing 33
REPLY MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Edith Anne Hunt, Shiver and Duke LLC..(Rosser, Christopher)
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Filing 32
DECLARATION of Lora A. Moffatt in Opposition re: #27 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Chanel, Inc...(Solomon, Barbara)
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Filing 31
DECLARATION of Barbara A. Solomon in Opposition re: #27 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Chanel, Inc.. (Attachments: #1 Exhibit 1 - Email, #2 Exhibit 2 - PDF of an Excel spreadsheet, #3 Exhibit 3 - PDF of an Excel spreadsheet, #4 Exhibit 4 - Invoices Part 1 of 2, #5 Exhibit 4 - Invoices Part 2 of 2, #6 Exhibit 5 - 4/2 Email, #7 Exhibit 6 - Letter from P. Schoenthaler, #8 Exhibit 7 - 4/2 Email distribution list, #9 Exhibit 8 - 4/11 Email, #10 Exhibit 9 - 4/11 Email distribution list).(Solomon, Barbara)
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Filing 30
MEMORANDUM OF LAW in Opposition re: #27 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Chanel, Inc...(Solomon, Barbara)
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Filing 29
MEMORANDUM OF LAW in Opposition re: #27 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Chanel, Inc...(Solomon, Barbara)
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Filing 28
MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Edith Anne Hunt, Shiver and Duke LLC. (Attachments: #1 Exhibit Ex. A - Website Screenshot, #2 Exhibit Ex. B - Product Packaging, #3 Exhibit Ex. C - Website Screenshot, #4 Exhibit Ex. D - Website Screenshot, #5 Exhibit Ex. E - Product Packaging, #6 Exhibit Ex. F - Old Hang-tag, #7 Exhibit Ex. G - December 2 Letter, #8 Exhibit Ex. H - New Hang-tag, #9 Exhibit Ex. I - Rear Engraving, #10 Exhibit Ex. J - December 10 Letter, #11 Exhibit Ex. K - Declaration of Edith Anne Hunt, #12 Exhibit Ex. L - September 2 Letter, #13 Exhibit Ex. M - September 17 Letter).(Rosser, Christopher)
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Filing 27
MOTION to Dismiss for Lack of Jurisdiction . Document filed by Edith Anne Hunt, Shiver and Duke LLC. Responses due by 5/28/2021.(Rosser, Christopher)
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Filing 26
NOTICE OF APPEARANCE by Shelby P. Rokito on behalf of Chanel, Inc...(Rokito, Shelby)
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Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Pre-Motion Conference held on 4/6/2021. (rz)
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Filing 25
SCHEDULING ORDER: In accordance with matters discussed at the conference, the Court GRANTS Defendants leave to file a motion to dismiss and GRANTS Plaintiff leave to take jurisdictional discovery limited to Defendants' New York contacts. The following schedule shall govern jurisdictional discovery and briefing of the anticipated motion to dismiss: Plaintiff shall serve written discovery on Defendants on or before April 9, 2021. Defendants shall produce written responses and documents on or before April 23, 2021. Plaintiff shall advise Defendant and the Court whether it requires a deposition on or before April 30, 2021. If a deposition is required, the deposition shall be taken on or before May 14, 2021, Defendants shall file their motion on or before May 28, 2021; Plaintiff shall file its opposition on or before June 11, 2021; and Defendants shall file their reply on or before June 18, 2021. If no deposition is required, Defendants shall file their motion on or before May 14, 2021; Plaintiff shall file its opposition on or before May 28, 2021; and Defendants shall file their reply on or before June 4, 2021. Should any discovery disputes arise, the parties must meet and confer in an attempt to resolve the dispute. If they cannot do so, the issue must be brought to the Court's attention well in advance of discovery deadlines. Deadlines will not automatically be extended to accommodate the resolution of discovery disputes. With respect to briefing, the parties should consult the Court's Individual Practice Rules and ensure compliance therewith. Failure to comply with deadlines or other terms of this Order may result in sanctions, including preclusion or dismissal of claims or defenses. Motions due by 5/28/2021. Responses due by 6/11/2021 Replies due by 6/18/2021. Deposition due by 5/14/2021. (Signed by Judge Mary Kay Vyskocil on 4/6/2021) (nb)
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Filing 24
SCHEDULING ORDER: The pre-motion conference scheduled for April 6, 2021, at 2:30 PM is adjourned to April 6, 2021, at 3:30 PM. The conference will be held telephonically. To join the conference, dial 888-278-0296 and enter access code 5195844. SO ORDERED. Pre-Motion Conference set for 4/6/2021 at 03:30 PM before Judge Mary Kay Vyskocil. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order) (DMV)
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Filing 23
ORDER granting #21 Motion for Peter Frederick Schoenthaler to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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Filing 22
ORDER granting #20 Motion for Christopher Lee Rosser to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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Filing 21
MOTION for Peter Frederick Schoenthaler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24327035. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Edith Anne Hunt, Shiver and Duke LLC. (Attachments: #1 Affidavit Affidavit of Applicant Peter F. Schoenthaler, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Schoenthaler, Peter)
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Filing 20
MOTION for Christopher Lee Rosser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24326966. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Edith Anne Hunt, Shiver and Duke LLC. (Attachments: #1 Affidavit Affidavit of Applicant Christopher Rosser, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Rosser, Christopher)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Peter Frederick Schoenthaler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24327035. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 19
MEMO ENDORSEMENT on re: #18 LETTER addressed to Judge Mary Kay Vyskocil from Jessica Vosgerchian dated 03/22/2021 re: Request to withdraw as co-counsel for Plaintiff Chanel, Inc. Document filed by Chanel, Inc. ENDORSEMENT: Jessica Vosgerchian's request to withdraw as counsel for Plaintiff Chanel, Inc. is GRANTED. Fross Zelnick Lehrnman & Zissu, P.C. remains counsel for Plaintiff and Barbara A. Solomon remains counsel of record. SO ORDERED. Attorney Jessica Vosgerchian terminated. (Signed by Judge Mary Kay Vyskocil on 3/22/2021) (rjm)
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Filing 18
LETTER addressed to Judge Mary Kay Vyskocil from Jessica Vosgerchian dated 03/22/2021 re: Request to withdraw as co-counsel for Plaintiff Chanel, Inc.. Document filed by Chanel, Inc...(Vosgerchian, Jessica)
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Filing 17
ORDER granting #15 Letter Motion for Conference re: #15 LETTER MOTION for Conference regarding Motion to Dismiss addressed to Judge Mary Kay Vyskocil from David G. Liston dated March 17, 2021. Defendants' request for a pre-motion conference in connection with Defendants' anticipated motion to dismiss is GRANTED. The parties shall appear for a pre-motion conference on April 6, 2021, at 2:30 PM. The conference will be held telephonically. To join the conference, dial 888-278-0296 and enter access code 5195844. The parties should be prepared to discuss matters relating to Plaintiff's request for jurisdictional discovery as well as a briefing schedule. So Ordered Pre-Motion Conference set for 4/6/2021 at 02:30 PM before Judge Mary Kay Vyskocil. Telephone Conference set for 4/6/2021 at 02:30 PM before Judge Mary Kay Vyskocil.. (Signed by Judge Mary Kay Vyskocil on 3/22/2021) (js)
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Filing 16
LETTER RESPONSE in Opposition to Motion addressed to Judge Mary Kay Vyskocil from Barbara Solomon dated 03/22/2021 re: #15 LETTER MOTION for Conference regarding Motion to Dismiss addressed to Judge Mary Kay Vyskocil from David G. Liston dated March 17, 2021. . Document filed by Chanel, Inc...(Solomon, Barbara)
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Filing 15
LETTER MOTION for Conference regarding Motion to Dismiss addressed to Judge Mary Kay Vyskocil from David G. Liston dated March 17, 2021. Document filed by Edith Anne Hunt, Shiver and Duke LLC..(Liston, David)
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Filing 14
ORDER granting #12 Letter Motion for Extension of Time. GRANTED. The deadline for Defendants to answer or otherwise respond to the Complaint is extended from March 10, 2021, to March 17, 2021. So Ordered. (Signed by Judge Mary Kay Vyskocil on 3/9/2021) (js)
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Set/Reset Deadlines: Edith Anne Hunt answer due 3/17/2021; Shiver and Duke LLC answer due 3/17/2021. (js)
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Filing 13
NOTICE OF APPEARANCE by Alex Gregg Patchen on behalf of Edith Anne Hunt, Shiver and Duke LLC..(Patchen, Alex)
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Filing 12
CONSENT LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Mary Kay Vyskocil from David G. Liston dated March 8, 2021. Document filed by Edith Anne Hunt, Shiver and Duke LLC..(Liston, David)
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Filing 11
NOTICE OF APPEARANCE by David Guerrero Liston on behalf of Edith Anne Hunt, Shiver and Duke LLC..(Liston, David)
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Filing 10
CERTIFICATE OF SERVICE of Summons and Complaint,. Edith Anne Hunt served on 2/17/2021, answer due 3/10/2021; Shiver and Duke LLC served on 2/17/2021, answer due 3/10/2021. Service was accepted by Peter F. Schoenthaler, Esq.. Service was made by email. Document filed by Chanel, Inc...(Vosgerchian, Jessica)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Edith Anne Hunt, Shiver and Duke LLC..(gp)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Shiver and Duke, LLC, Edith Anne Hunt, John Does 1 - 10, re: #1 Complaint,. Document filed by Chanel, Inc...(Vosgerchian, Jessica)
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Filing 7
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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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(jgo)
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Case Designated ECF. (jgo)
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Magistrate Judge Gabriel W. Gorenstein 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. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Barbara A. Solomon to RE-FILE Document No. #5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on the 'as to' docket entry text contains a typographical error;. 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)
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Filing 6
NOTICE OF APPEARANCE by Jessica Vosgerchian on behalf of Chanel, Inc...(Vosgerchian, Jessica)
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Filing 5
FILING ERROR - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Hiver and Duke, LLC, Edith Anne Hunt and John Does 1-10, re: #1 Complaint,. Document filed by Chanel, Inc...(Solomon, Barbara) Modified on 2/16/2021 (jgo).
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Filing 4
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Solomon, Barbara)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Chanel, Inc...(Solomon, Barbara)
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Filing 2
CIVIL COVER SHEET filed..(Solomon, Barbara)
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Filing 1
COMPLAINT against Edith Anne Hunt, John Does 1-10, Shiver and Duke LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-23915117)Document filed by Chanel, Inc.. (Attachments: #1 Exhibit A - Chanel's Jewelry, #2 Exhibit B - Chanel Collaborations, #3 Exhibit C - Chanel's registrations, #4 Exhibit D - Shiver and Duke Retail Listing, #5 Exhibit E - DESIGNER CHANEL STONE BRACELET).(Solomon, Barbara)
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