Institutional Capital Network, Inc. v. John Does 1-10 et al
| Institutional Capital Network, Inc. |
| Companies A-Z d/b/a www.icapitalnetwork.net, John Does # 1-10, John Does 1-10 and Companies A-Z doing business as www.icapitalnetwork.net |
| 1:2021cv02289 |
| March 16, 2021 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 30, 2021. A more recent docket listing may be available from PACER.
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Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 5/13/2021. Appearing for plaintiff: Jordan LaVine. No appearance by defendant. Plaintiff may move for a default judgment by August 11, 2021. The next conference is scheduled for November 4, 2021 at 11 a.m. Call-In: 1-888-363-4749. Access Code: 3667981. (Nacanther, Florence)
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Filing 23
LETTER addressed to Judge P. Kevin Castel from Jordan A. LaVine dated 5/6/2021 re: Initial Pretrial Conference. Document filed by Institutional Capital Network, Inc...(Lavine, Jordan)
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Filing 22
INTERNET CITATION NOTE: Material from decision with Internet citation re: #18 Order, Set Deadlines/Hearings. (sjo)
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Filing 21
AFFIDAVIT OF SERVICE of Order Granting Plaintiff's Motion for a Preliminary Injunction served on John Does #1-10 and Companies A-Z d/b/a www.icapitalnetwork.net on 3/26/2021. Service was accepted by Wendy Talerman. Service was made by Email. Document filed by Institutional Capital Network, Inc...(Lavine, Jordan)
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Filing 20
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/26/21 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 19
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/26/2021 before Judge P. Kevin Castel. Court Reporter/Transcriber: Vincent Bologna, (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 4/27/2021. Redacted Transcript Deadline set for 5/7/2021. Release of Transcript Restriction set for 7/6/2021..(McGuirk, Kelly)
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Filing 18
ORDER GRANTING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION: Accordingly, FOR GOOD CAUSE SHOW, it is HEREBY ORDERED that Defendants, and their officers, agents, servants, employees, and attorneys, and all those in active concert or participation with them, are PRELIMINARILY ENJOINED from: as set forth herein. IT FURTHER ORDERED, that Google, LLC shall immediately transfer ownership of the Infringing Domain Name to iCapital Network. And as set forth herein. IT IS SO ORDERED. (Signed by Judge P. Kevin Castel on 3/26/2021) (ama)
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Minute Entry for proceedings held before Judge P. Kevin Castel: Show Cause Hearing held on 3/26/2021. Appearing for plaintiff, Jordan Levine. No Appearance for defendants. Law Clerk: Garrett Gerber. Preliminary Injunction granted and filed. (Court Reporter Vincent Bologna) (Nacanther, Florence)
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Filing 17
REPLY MEMORANDUM OF LAW in Support re: #6 EMERGENCY MOTION for Temporary Restraining Order , Motion for a Preliminary Injunction, Order Authorizing Expedited Discovery, and Order Authorizing Alternative Service by Email. . Document filed by Institutional Capital Network, Inc.. (Attachments: #1 Text of Proposed Order, #2 Affidavit of Benjamin Smith, #3 Affidavit of Jordan A. LaVine).(Lavine, Jordan)
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Filing 16
UNDERTAKING ON TEMPORARY RESTRAINING ORDER BOND #3482551 in the amount of $5,000.00 posted by Plaintiff.(km)
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Filing 15
MEMO ENDORSEMENT: on re: #14 Letter filed by Institutional Capital Network, Inc. ENDORSEMENT: The Conference will proceed telephonically. Call-In: 1-888-363-4749; Access Code: 3667981. SO ORDERED., ( Telephone Conference set for 3/26/2021 at 11:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/22/2021) (ama)
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Filing 14
LETTER addressed to Judge P. Kevin Castel from Jordan A. LaVine dated 3/22/2021 re: Injunction Hearing on 3/26/2021. Document filed by Institutional Capital Network, Inc...(Lavine, Jordan)
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Filing 13
ORDER: The next proceeding in this case will proceed as scheduled at 11:00 a.m. on March 26, 2021 in Courtroom 11D. To facilitate access to the Courthouse on the day of the conference, follow the instructions attached to this Order. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/19/2021) (mml)
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Filing 12
CERTIFICATE OF SERVICE of Motion for Temporary Restraining Order and Injunction Filings and Court Order served on John Does #1-10 and Companies A-Z d/b/a www.icapitalnetwork.net on 3/18/2021. Document filed by Institutional Capital Network, Inc...(Lavine, Jordan)
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Filing 11
AFFIDAVIT OF SERVICE of Summons and Complaint,. All Defendants. Document filed by Institutional Capital Network, Inc...(Lavine, Jordan)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Companies A-Z, John Does 1-10..(jgo)
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Filing 9
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 8
ORDER GRANTING PLAINTIFF'S EX PARTE MOTION FOR A TEMPORARY RESTRAINING ORDER, EXPEDITED DISCOVERY, AND ALTERNATIVE SERVICE BY EMAIL, AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE. the Court grants the following relief for the reasons set forth below: iCapital Network has demonstrated a probability of success in proving at trial that: (i) consumers are likely to have been confused by Defendants' use of the iCapital Trademarks in the Infringing Domain Name; (ii) Defendants' use of the iCapital Trademarks constitutes trademark infringement and cybersquatting in violation of 15 U.S.C. 1114 and 15 U.S.C. 1125(d)(1); and (iii) that Defendants have engaged in unfair competition with iCapital Network. iCapital Network is likely to suffer an immediate and irreparable injury if a temporary restraining order is not granted. The Court finds that it is likely that iCapital Network will suffer immediate and irreparable loss, damage and injury before Defendants can be heard in opposition unless iCapital Network's request for ex parte relief is granted. In particular: iCapital Network is likely to succeed on the merits in showing that Defendants' use of the Infringing Domain Name and the iCapital Trademarks violated state and federal trademark and unfair competition laws and the ACPA, and as further set forth herein. Accordingly, FOR GOOD CAUSE SHOWN, it is HEREBY ORDERED that Defendants shall appear before the Hon. P. Kevin Castel, United States District Judge, in Courtroom 11D of the United States Courthouse, located at 500 Pearl Street, New York, NY, on March 26, 2021 at 11 a.m., or as soon thereafter as counsel can be heard, to show cause why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure, enjoining the Defendants during the pendency of this action from: (a) Continuing to operate the Infringing Domain Name, or engaging in any other activity that would infringe the iCapital Trademarks, or iCapital Network's rights, and as further specified herein regarding Order to Show Cause. IT IS THEREFORE ORDERED, that Defendants must immediately transfer ownership and control of the Infringing Domain Name to iCapital Network, the lawful owner of the iCapital Trademarks, and as further set forth herein. IT IS FURTHER ORDERED, that any third party providing services in connection with any Defendant and/or the Infringing Domain Name, including without limitation Internet Service Providers, back-end service providers, web designers, sponsored search engine or ad-word providers, merchant account providers, third party processors and other payment processing services, shippers, domain name registrars and domain name registries shall, upon receiving notice of this Order, (i) deliver to iCapital Network or its counsel copies of documents and records relating to Defendants, the Infringing Domain Name, and as further set forth herein. IT IS FURTHER ORDERED that, sufficient reason having been shown therefor, that pending the hearing on iCapital Network's motion for a preliminary injunction, pursuant to Federal Rule of Civil Procedure 65, Defendants are TEMPORARILY RESTRAINED from: (a) committing any of the acts set forth in subparagraphs (a)-(c) above, and as further specified herein. IT IS FURTHER ORDERED that this Temporary Restraining Order shall expire fourteen days from the date of this Order, unless within such time, the Order, for good cause shown, is extended for an additional period not to exceed fourteen (14) calendar days, or unless it is further extended under Federal Rule of Civil Procedure 65; and it is further ORDERED that, pursuant to Federal Rule of Civil Procedure 65(c), iCapital Network shall be obligated to post security or a bond in the amount of $5,000 no later than March 24, 2021, and as further set forth herein. ORDERED that iCapital Network may complete service of process on Defendants by electronic mail at careers@jcapitalnetwork.net, and as further set forth herein. ORDERED that any opposition papers to be filed by Defendants must be filed with the Court no later than March 23, 2021; and it is furtherORDERED that Plaintiffs shall file any reply no later than March 25, 2021; and it is further ORDERED that at least three (5) business days prior to the preliminary injunction hearing in this matter, each party that intends to present live testimony shall make a motion to present live testimony, said motion to include: (i) a list of witnesses that they intend to directly examine, (ii) the substance of each proposed witness' expected testimony, and (iii) an explanation of why such testimony would be helpful to the Court. Any party that opposes such motion must file an opposition within (3) business days, counting the date the motion to present live testimony is received as day one IT IS SO ORDERED. (Show Cause Hearing set for 3/26/2021 at 11:00 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. Show Cause Response due by 3/23/2021.) (Replies due by 3/25/2021). Motions terminated: #6 EMERGENCY MOTION for Temporary Restraining Order , Motion for a Preliminary Injunction, Order Authorizing Expedited Discovery, and Order Authorizing Alternative Service by Email filed by Institutional Capital Network, Inc. (Signed by Judge P. Kevin Castel on 3/17/2021) (rjm) Transmission to Finance Unit (Cashiers) for processing.
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Filing 7
ORDER INITIAL PRETRIAL CONFERENCE: Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, May 13, 2021 at 10:30 a.m. Principal trial counsel shall appear at this and all subsequent conferences. Due to the COVID-19 pandemic, conferences with the Court in civil cases will be held by teleconferencing until further notice. For initial pretrial conferences, plaintiff(s)' counsel shall, no later than 5 business days before the conference, email a copy of the agreed upon (or disputed) Civil Case Management Plan & Scheduling Order to: castelnysdchambers@nysd.uscourts.gov. The call-in information for all teleconferences is: Dial-in: (888) 363-4749 Access Code: 3667981 SO ORDERED. Initial Conference set for 5/13/2021 at 10:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 3/17/2021) (kv)
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Filing 6
EMERGENCY MOTION for Temporary Restraining Order , Motion for a Preliminary Injunction, Order Authorizing Expedited Discovery, and Order Authorizing Alternative Service by Email. Document filed by Institutional Capital Network, Inc.. (Attachments: #1 Text of Proposed Order, #2 Memorandum of Law, #3 Affidavit of Benjamin Smith, #4 Affidavit of Jordan A. LaVine).(Lavine, Jordan) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to John Does #1-10 and Companies A-Z d/b/a www.icapitalnetwork.net careers@icapitalnetwork.net, re: #1 Complaint,. Document filed by Institutional Capital Network, Inc...(Lavine, Jordan) Modified on 3/18/2021 (dnh). Modified on 3/18/2021 (jgo).
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Institutional Capital Network, Inc...(Lavine, Jordan)
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Filing 3
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Lavine, Jordan)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jordan Andrew Lavine. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to New York. (dnh)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jordan Andrew Lavine. The party information for the following party/parties has been modified: John Does # 1-10; Companies A-Z d/b/a www.icapitalnetwork.net. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; alias party was entered incorrectly. (dnh)
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***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Jordan Andrew Lavine 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)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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..(dnh)
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Case Designated ECF. (dnh)
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Magistrate Judge Sarah Netburn 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. (dnh)
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Filing 2
CIVIL COVER SHEET filed..(Lavine, Jordan)
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Filing 1
COMPLAINT against Companies A-Z d/b/a www.icapitalnetwork.net, John Does # 1-10. (Filing Fee $ 402.00, Receipt Number ANYSDC-24261324)Document filed by Institutional Capital Network, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Lavine, Jordan)
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