Hermes International et al v. Rothschild
Plaintiff: Hermes International and Hermes of Paris, Inc.
Defendant: Mason Rothschild
Case Number: 1:2022cv00384
Filed: January 14, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Gabriel W Gorenstein
Referring Judge: Alison J Nathan
2 Judge: Jed S Rakoff
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114 Trademark Infringement (Lanham Act)
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 23, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 13, 2023 Opinion or Order Filing 189 NOTICE of Filing Letter in Response to Defendant's Letter Re: Opinion in Yuga Labs, Inc. v. Ripps, et al. re: #188 Notice (Other). Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
May 12, 2023 Opinion or Order Filing 188 NOTICE of Letter re: Yuga Labs v. Ripps. Document filed by Mason Rothschild..(Millsaps, Rhett)
April 4, 2023 Opinion or Order Filing 187 DECLARATION of Ashley N. Robinson in Support re: #172 MOTION for Judgment as a Matter of Law or New Trial.. Document filed by Mason Rothschild. (Attachments: #1 Exhibit A - 2023.02.03 Transcript (Dkt No. 157), #2 Exhibit B - 2023.02.06 Transcript (Dkt No. 159), #3 Exhibit C - 2023.02.02 Transcript (Dkt No. 155), #4 Exhibit D - 2023.01.31 Transcript (Dkt No. 149), #5 Exhibit E - 2023.02.01 Transcript (Dkt No. 153), #6 Exhibit F - Bernstein LinkedIn Post, #7 Exhibit G - New York Times Article, #8 Exhibit H - 2022.11.18 Transcript (Dkt No. 105), #9 Exhibit I - Kramer LinkedIn Comments, #10 Exhibit J - Kramer LinkedIn Comments).(Robinson, Ashley)
April 4, 2023 Opinion or Order Filing 186 REPLY MEMORANDUM OF LAW in Support re: #172 MOTION for Judgment as a Matter of Law or New Trial. . Document filed by Mason Rothschild..(Millsaps, Rhett)
March 29, 2023 Opinion or Order Filing 185 DECLARATION of Jessica H. Fernandez in Opposition re: #172 MOTION for Judgment as a Matter of Law or New Trial.. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit 31- Plaintiffs Admitted Trial Exhibit 100, #2 Exhibit 32- Plaintiffs Admitted Trial Exhibit 193, #3 Exhibit 33- February 2, 2023 Trial Transcript, #4 Exhibit 34- Plaintiffs Admitted Trial Exhibit 242, #5 Exhibit 35- Plaintiffs Admitted Trial Exhibit 239, #6 Exhibit 36- Plaintiffs Admitted Trial Exhibit 146, #7 Exhibit 37- Plaintiffs Admitted Trial Exhibit 243, #8 Exhibit 37- Plaintiffs Admitted Trial Exhibit 243, #9 Exhibit 37- Plaintiffs Admitted Trial Exhibit 243, #10 Exhibit 37- Plaintiffs Admitted Trial Exhibit 243, #11 Exhibit 37- Plaintiffs Admitted Trial Exhibit 243, #12 Exhibit 37- Plaintiffs Admitted Trial Exhibit 243, #13 Exhibit 37- Plaintiffs Admitted Trial Exhibit 243, #14 Exhibit 37- Plaintiffs Admitted Trial Exhibit 243, #15 Exhibit 37- Plaintiffs Admitted Trial Exhibit 243, #16 Exhibit 37- Plaintiffs Admitted Trial Exhibit 243, #17 Exhibit 38- Plaintiffs Admitted Trial Exhibit 224, #18 Exhibit 38- Plaintiffs Admitted Trial Exhibit 224, #19 Exhibit 38- Plaintiffs Admitted Trial Exhibit 224, #20 Exhibit 38- Plaintiffs Admitted Trial Exhibit 224, #21 Exhibit 39- Plaintiffs Admitted Trial Exhibit 225, #22 Exhibit 39- Plaintiffs Admitted Trial Exhibit 225, #23 Exhibit 39- Plaintiffs Admitted Trial Exhibit 225, #24 Exhibit 40- Plaintiffs Admitted Trial Exhibit 373, #25 Exhibit 40- Plaintiffs Admitted Trial Exhibit 373, #26 Exhibit 40- Plaintiffs Admitted Trial Exhibit 373, #27 Exhibit 40- Plaintiffs Admitted Trial Exhibit 373, #28 Exhibit 40- Plaintiffs Admitted Trial Exhibit 373, #29 Exhibit 40- Plaintiffs Admitted Trial Exhibit 373, #30 Exhibit 41- Plaintiffs Admitted Trial Exhibit 305, #31 Exhibit 42- Plaintiffs Admitted Trial Exhibit 306, #32 Exhibit 43- January 30, 2023 Trial Transcript, #33 Exhibit 44- Plaintiffs Admitted Trial Exhibit 67, #34 Exhibit 45- Plaintiffs Admitted Trial Exhibit 83, #35 Exhibit 46- Defendants Admitted Trial Exhibit 525, #36 Exhibit 47- Plaintiffs Admitted Trial Exhibit 232, #37 Exhibit 48- Plaintiffs Admitted Trial Exhibit 238, #38 Exhibit 49- Plaintiffs Admitted Trial Exhibit 387, #39 Exhibit 50- Plaintiffs Admitted Trial Exhibit 388, #40 Exhibit 51- Plaintiffs Admitted Trial Exhibit 389, #41 Exhibit 52- Plaintiffs Admitted Trial Exhibit 390, #42 Exhibit 53- Plaintiffs Admitted Trial Exhibit 20, #43 Exhibit 54- Plaintiffs Admitted Trial Exhibit 134, #44 Exhibit 55- Plaintiffs Admitted Trial Exhibit 144, #45 Exhibit 56- September 23, 2022 Deposition of Dr. Blake Gopnik).(Fernandez, Jessica)
March 28, 2023 Opinion or Order Filing 184 DECLARATION of Jessica H. Fernandez in Opposition re: #172 MOTION for Judgment as a Matter of Law or New Trial.. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit 1- February 6, 2023 Trial Transcript, #2 Exhibit 2- February 3, 2023 Trial Transcript, #3 Exhibit 3- February 7, 2023 Trial Transcript, #4 Exhibit 4- LinkedIn Post, #5 Exhibit 5- Plaintiffs Admitted Trial Exhibit 323, #6 Exhibit 6- Screenshot of WWD, #7 Exhibit 7- February 8, 2023 Tweet, #8 Exhibit 8- Sprigman Reply Tweet to Rothschild Tweet, #9 Exhibit 9- Washington Post Opinion, #10 Exhibit 10- Plaintiffs Admitted Trial Exhibit 5, #11 Exhibit 11- Plaintiffs Admitted Trial Exhibit 6, #12 Exhibit 12- January 31, 2023 Trial Transcript, #13 Exhibit 13- January 11, 2021 Deposition Testimony of Robert Chavez, #14 Exhibit 14- Plaintiffs Admitted Trial Exhibit 255, #15 Exhibit 15- Plaintiffs Admitted Trial Exhibit 8, #16 Exhibit 15- Plaintiffs Admitted Trial Exhibit 8, #17 Exhibit 15- Plaintiffs Admitted Trial Exhibit 8, #18 Exhibit 15- Plaintiffs Admitted Trial Exhibit 8, #19 Exhibit 15- Plaintiffs Admitted Trial Exhibit 8, #20 Exhibit 16- Plaintiffs Admitted Trial Exhibit 16, #21 Exhibit 17- Plaintiffs Admitted Trial Exhibit 10, #22 Exhibit 18- Plaintiffs Admitted Trial Exhibit 9, #23 Exhibit 19- February 1, 2023 Trial Transcript, #24 Exhibit 20- Plaintiffs Admitted Trial Exhibit 272, #25 Exhibit 21- Plaintiffs Admitted Trial Exhibit 227, #26 Exhibit 22- Plaintiffs Admitted Trial Exhibit 308, #27 Exhibit 22- Plaintiffs Admitted Trial Exhibit 308, #28 Exhibit 22- Plaintiffs Admitted Trial Exhibit 308, #29 Exhibit 23- Defendants Admitted Trial Exhibit 620, #30 Exhibit 24- Plaintiffs Admitted Trial Exhibit 45, #31 Exhibit 25- Plaintiffs Admitted Trial Exhibit 380,, #32 Exhibit 26- Plaintiffs Admitted Trial Exhibit 254, #33 Exhibit 27- Plaintiffs Admitted Trial Exhibit 315, #34 Exhibit 28- Plaintiffs Admitted Trial Exhibit 253, #35 Exhibit 29- Plaintiffs Admitted Trial Exhibit 309, #36 Exhibit 30- Plaintiffs Admitted Trial Exhibit 279).(Fernandez, Jessica)
March 28, 2023 Opinion or Order Filing 183 MEMORANDUM OF LAW in Opposition re: #172 MOTION for Judgment as a Matter of Law or New Trial. . Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
March 24, 2023 Opinion or Order Filing 182 DECLARATION of Jessica H. Fernandez in Support re: #165 MOTION for Permanent Injunction .. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit 61- Plaintiff's Trial Exhibit 21, #2 Exhibit 62- February 1, 2023 Trial Transcript Excerpts, #3 Exhibit 63- February 6, 2023 Trial Transcript Excerpts, #4 Exhibit 64- January 31, 2023 Trial Transcript Excerpts., #5 Exhibit 65- February 3, 2023 Trial Transcript Excerpts, #6 Exhibit 66- January 30, 2023 Trial Transcript Excerpts, #7 Exhibit 67- Defendant's Trial Exhibit 620, #8 Exhibit 68- February 2, 2023 Trial Transcript Excerpts).(Fernandez, Jessica)
March 24, 2023 Opinion or Order Filing 181 DECLARATION of Dr. Bruce R. Isaacson in Support re: #165 MOTION for Permanent Injunction .. Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
March 24, 2023 Opinion or Order Filing 180 REPLY MEMORANDUM OF LAW in Support re: #165 MOTION for Permanent Injunction . . Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
March 22, 2023 Opinion or Order ***NOTICE TO ATTORNEY REGARDING REJECTION OF BILL OF COSTS NOTICE OF TAXATION FOR NON-COMPLIANCE WITH LOCAL RULE 54.1: Notice to Attorney Gerald Ferguson, document #178 Bill of Costs Notice of Taxation, was rejected by the Clerk's Office for the following reason: there is a motion for a new trial pending in the case. The filer must wait until the motion is disposed of. Please refile the Bill of Costs Notice of Taxation within 30 days of entry of order or judgment disposing of motion. (fk)
March 20, 2023 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on March 17, 2023, without recording or transcription, at which both the plaintiffs and defendants counsel were present, the plaintiff hereby has leave of the Court to submit a reply brief in support of its motion for a preliminary injunction. Its reply must be filed by no later than 5:00 p.m. on March 24, 2023. (Kotowski, Linda)
March 15, 2023 Opinion or Order Filing 179 DECLARATION of Gerald J. Ferguson in Support re: #178 Bill of Costs Notice of Taxation,. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit 1- Invoices from Process Servers, #2 Exhibit 2- Invoices for Transcription of Deposition and Trial Testimony, #3 Exhibit 3- Invoices for Interpreting Costs, #4 Exhibit 4- Invoices for the Subsistence Costs for Witnesses).(Ferguson, Gerald)
March 15, 2023 Opinion or Order Filing 178 BILL OF COSTS NOTICE OF TAXATION to recover costs against Mason Rothschild. Document filed by Hermes International, Hermes of Paris, Inc.. The Clerk may tax costs 14 days after this filing. Objections to Bill of Costs due by 3/29/2023 (Attachments: #1 Exhibit -Bill of Costs, #2 Exhibit -Itemization of Taxable Costs).(Ferguson, Gerald)
March 15, 2023 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #176 Proposed Order was reviewed and approved as to form. (tp)
March 14, 2023 Opinion or Order Filing 177 DECLARATION of Ashley N. Robinson in Opposition re: #165 MOTION for Permanent Injunction .. Document filed by Mason Rothschild. (Attachments: #1 Exhibit A - 2023.02.06 Transcript Excerpts, Dkt No. 159, #2 Exhibit B - 2023.01.31 Transcript Excerpts, Dkt No. 149, #3 Exhibit C - Law360 Article, #4 Exhibit D - Complaint Hermes Int'l, #5 Exhibit E - 2023.02.03 Transcript Excerpts, Dkt No. 157, #6 Exhibit F - Mentzer Report, Dkt No. 68-1, #7 Exhibit G - 2023.01.30 Transcript Excerpts, Dkt No. 151, #8 Exhibit H - Kramer LinkedIn Comments, #9 Exhibit I - 2023.02.01 Transcript Excerpts, Dkt No. 153, #10 Exhibit J - Jury Instructions, Dkt No. 143, #11 Exhibit K - Chavez Transcript Excerpts, #12 Exhibit L - Hermes Trademark Applications, #13 Exhibit M - 2023.02.02 Transcript Excerpts, Dkt No. 155).(Robinson, Ashley)
March 14, 2023 Opinion or Order Filing 176 PROPOSED ORDER. Document filed by Mason Rothschild. Related Document Number: #165 ..(Millsaps, Rhett) Proposed Order to be reviewed by Clerk's Office staff.
March 14, 2023 Opinion or Order Filing 175 MEMORANDUM OF LAW in Opposition re: #165 MOTION for Permanent Injunction . . Document filed by Mason Rothschild..(Millsaps, Rhett)
March 14, 2023 Opinion or Order Filing 174 DECLARATION of Adam B. Oppenheim in Support re: #172 MOTION for Judgment as a Matter of Law or New Trial.. Document filed by Mason Rothschild. (Attachments: #1 Exhibit A - Jury Instructions, Dkt No. 143, #2 Exhibit B - 2023.02.03 Transcript Excerpts, Dkt. No. 157, #3 Exhibit C - 2023.02.07 Transcript Excerpts, Dkt. No. 161, #4 Exhibit D - Kramer LinkedIn Comments, #5 Exhibit E - 2023.01.31 Transcript Excerpts, Dkt No. 149, #6 Exhibit F - Amended Complaint, Dkt No. 24, #7 Exhibit G - 2023.02.02 Transcript Excerpts, Dkt No. 155, #8 Exhibit H - Hermes Injunction MoL, Dkt No. 166, #9 Exhibit I - 2023.02.06 Transcript Excerpts, Dkt No. 159, #10 Exhibit J - 2023.02.01 Transcript Excerpts, Dkt No. 153, #11 Exhibit K - Yahoo Finance Interview, #12 Exhibit L - Kramer LinkedIn Comments, #13 Exhibit M - Gopnick Transcript Excerpts, Dkt No. 122-2, #14 Exhibit N - Kramer Tweet re. Warhol).(Oppenheim, Adam)
March 14, 2023 Opinion or Order Filing 173 MEMORANDUM OF LAW in Support re: #172 MOTION for Judgment as a Matter of Law or New Trial. . Document filed by Mason Rothschild..(Millsaps, Rhett)
March 14, 2023 Opinion or Order Filing 172 MOTION for Judgment as a Matter of Law or New Trial. Document filed by Mason Rothschild. Responses due by 3/28/2023.(Millsaps, Rhett)
March 10, 2023 Opinion or Order Filing 171 ***SELECTED PARTIES*** BRIEF re: #170 Brief, . Document filed by Hermes International, Hermes of Paris, Inc., Mason Rothschild. (Attachments: #1 Exhibit 1- Screenshot of Twitter Posts, #2 Exhibit 2- Screenshot of Twitter Posts, #3 Exhibit 3- Screenshot of Twitter Posts, #4 Exhibit 4- Screenshot of Twitter Posts, #5 Exhibit 5- Screenshot of NYT Article, #6 Exhibit 6- Screenshot of Law360 Article, #7 Exhibit 7- Screenshot of Twitter Posts, #8 Exhibit 8- Screenshot of LinkedIn Posts, #9 Exhibit 9- Screenshot of Twitter Posts, #10 Exhibit 10- Screenshot of Courthouse News Article, #11 Exhibit 11- Screenshot of LinkedIn Posts, #12 Exhibit 12- Screenshot of Hollywood Reporter Article, #13 Exhibit 13- Screenshot of LinkedIn Posts, #14 Exhibit 14- Screenshot of The Fashion Law Article, #15 Exhibit 15- Screenshot of WWD Article, #16 Exhibit 16- Screenshot of Yahoo! Article, #17 Exhibit 17- Screenshot of Washington Post Article, #18 Exhibit 18- Screenshot of Instagram, #19 Exhibit 19- Screenshot of Twitter Posts, #20 Exhibit 20- Screenshot of Twitter Posts, #21 Exhibit 21- Screenshot of Twitter Posts, #22 Exhibit 22- Screenshot of Law350 Article, #23 Exhibit 23- Screenshot of Twitter Posts, #24 Exhibit 24- Screenshot of LinkedIn Posts, #25 Exhibit 25- Screenshot of Hypemoon Article, #26 Exhibit 26- Screenshot of Twitter Posts, #27 Exhibit 27- Screenshot of Twitter Posts, #28 Exhibit 28- Screenshot of CoinDesk Article, #29 Exhibit 29- Trial Transcript, #30 Exhibit 30- Screenshot of CNN Article)Motion or Order to File Under Seal: #148 .(Warshavsky, Oren)
March 7, 2023 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/7/2023, without transcription or recording. Both parties counsel were present. The defendants request that all materials related to the jury interview motion be filed under seal is granted without prejudice to the Court to unseal any documents at its discretion. As for the defendants application for an extension, the defendant is also permitted until March 14, 2023 to file their response to the plaintiffs preliminary injunction motion. (Kotowski, Linda)
March 6, 2023 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #169 Proposed Order was reviewed and approved as to form. (tp)
March 3, 2023 Opinion or Order Filing 170 ***SELECTED PARTIES*** BRIEF . Document filed by Mason Rothschild, Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit A - screenshot of Twitter posts, #2 Exhibit B - screenshot of LinkedIn posts, #3 Exhibit C - screenshot of Twitter posts, #4 Exhibit D - screenshot of Twitter posts)Motion or Order to File Under Seal: #148 .(Millsaps, Rhett)
March 3, 2023 Opinion or Order Filing 169 PROPOSED ORDER. Document filed by Hermes International, Hermes of Paris, Inc.. Related Document Number: #165 ..(Ferguson, Gerald) Proposed Order to be reviewed by Clerk's Office staff.
March 3, 2023 Opinion or Order Filing 168 DECLARATION of Jessica H. Fernandez in Support re: #165 MOTION for Permanent Injunction .. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit 1- January 31, 2023 Trial Transcript, #2 Exhibit 2- Trial Exhibit 5, #3 Exhibit 3- Trial Exhibit 6, #4 Exhibit 4- January 11, 2021 Deposition Testimony of Robert Chavez, #5 Exhibit 5- Trial Exhibit 244, #6 Exhibit 6- METABIRKINS Twitter Account, #7 Exhibit 7- Trial Exhibit 20, #8 Exhibit 8- METABIRKINS NFT Page, #9 Exhibit 9- February 2, 2023 Trial Transcript, #10 Exhibit 10- Trial Exhibit 306, #11 Exhibit 11- February 1, 2023 Trial Transcript, #12 Exhibit 12- Trial Exhibit 227, #13 Exhibit 13- Trial Exhibit 506, #14 Exhibit 14- Trial Exhibit 239, #15 Exhibit 15- Trial Exhibit 146, #16 Exhibit 16- Trial Exhibit 243, #17 Exhibit 17- Trial Exhibit 224, #18 Exhibit 18- Trial Exhibit 225, #19 Exhibit 19- Trial Exhibit 305, #20 Exhibit 20- Trial Exhibit 373, #21 Exhibit 21- February 3, 2023 Trial Transcript, #22 Exhibit 22- Trial Exhibit 308, #23 Exhibit 23- Trial Exhibit 380, #24 Exhibit 24- Trial Exhibit 45, #25 Exhibit 25- Trial Exhibit 253, #26 Exhibit 26- Trial Exhibit 254, #27 Exhibit 27- Trial Exhibit 309, #28 Exhibit 28- Trial Exhibit 279, #29 Exhibit 29- Trial Exhibit 100, #30 Exhibit 30- Trial Exhibit 193, #31 Exhibit 31- January 30, 2023 Trial Transcript, #32 Exhibit 32- Trial Exhibit 238, #33 Exhibit 33- Trial Exhibit 387, #34 Exhibit 34- Trial Exhibit 388, #35 Exhibit 35- Trial Exhibit 389, #36 Exhibit 36- Trial Exhibit 390, #37 Exhibit 37- February 6, 2023 Trial Transcript, #38 Exhibit 38- February 8, 2023 Twitter Thread from Mason Rothschild, #39 Exhibit 39- Mason Rothschilds Instagram Story, #40 Exhibit 40- Mason Rothschilds Instagram Story, #41 Exhibit 41- METABIRKINS Discord Server, #42 Exhibit 42- METABIRKINS Discord Server, #43 Exhibit 43- METABIRKINS Discord Server, #44 Exhibit 44- Mason Rothschild Tweet, #45 Exhibit 45- Gasoline Discord Server, #46 Exhibit 46- February 8, 2023 Tweet from Mason Rothschild, #47 Exhibit 47- Mason Rothschilds Instagram Story, #48 Exhibit 48- Mason Rothschilds Instagram Story, #49 Exhibit 49- February 8, 2023 Tweet from Christopher Sprigman, #50 Exhibit 50- February 9, 2023 Tweet from Christopher Sprigman, #51 Exhibit 51- February 24, 2023 The Washington Post Article, #52 Exhibit 52- Mason Rothschilds Instagram Story, #53 Exhibit 53- Rhett Millsapss Instagram Story, #54 Exhibit 54- Mason Rothschilds February 24, 2023 Tweet, #55 Exhibit 55- Christopher Sprigmans February 24, 2023 Tweet, #56 Exhibit 56- Dr. Blake Gopniks February 24, 2023 Tweet, #57 Exhibit 57- METABIRKINS Website, #58 Exhibit 58- METABIRKINS Instagram Account, #59 Exhibit 59- Trial Exhibit 526, #60 Exhibit 60- February 22, 2023 Business of Fashion Article).(Fernandez, Jessica)
March 3, 2023 Opinion or Order Filing 167 DECLARATION of Kevin D. Mentzer in Support re: #165 MOTION for Permanent Injunction .. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit A- FAQ from the Decentraland Metaverse).(Ferguson, Gerald)
March 3, 2023 Opinion or Order Filing 166 MEMORANDUM OF LAW in Support re: #165 MOTION for Permanent Injunction . . Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
March 3, 2023 Opinion or Order Filing 165 MOTION for Permanent Injunction . Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
March 3, 2023 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/3/2023. Further to a telephonic conference held on March 3, 2023, held without transcription or recording, at which both parties' counsel were present, the defendant is hereby allowed up to forty (40) pages for his moving papers. Plaintiffs are granted up to the same number of pages for their answering papers. Any page limits imposed on other briefing materials are unchanged. (Kotowski, Linda)
February 27, 2023 Opinion or Order Filing 164 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/8/2023 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)
February 27, 2023 Opinion or Order Filing 163 TRANSCRIPT of Proceedings re: TRIAL held on 2/8/2023 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Martha Martin, (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 3/20/2023. Redacted Transcript Deadline set for 3/30/2023. Release of Transcript Restriction set for 5/30/2023..(McGuirk, Kelly)
February 27, 2023 Opinion or Order Filing 162 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/7/2023 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)
February 27, 2023 Opinion or Order Filing 161 TRANSCRIPT of Proceedings re: TRIAL held on 2/7/2023 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Martha Martin, (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 3/20/2023. Redacted Transcript Deadline set for 3/30/2023. Release of Transcript Restriction set for 5/30/2023..(McGuirk, Kelly)
February 27, 2023 Opinion or Order Filing 160 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/6/2023 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)
February 27, 2023 Opinion or Order Filing 159 TRANSCRIPT of Proceedings re: TRIAL held on 2/6/2023 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Martha Martin, (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 3/20/2023. Redacted Transcript Deadline set for 3/30/2023. Release of Transcript Restriction set for 5/30/2023..(McGuirk, Kelly)
February 27, 2023 Opinion or Order Filing 158 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/3/2023 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)
February 27, 2023 Opinion or Order Filing 157 TRANSCRIPT of Proceedings re: TRIAL held on 2/3/2023 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Martha Martin, (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 3/20/2023. Redacted Transcript Deadline set for 3/30/2023. Release of Transcript Restriction set for 5/30/2023..(McGuirk, Kelly)
February 27, 2023 Opinion or Order Filing 156 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/2/2023 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)
February 27, 2023 Opinion or Order Filing 155 TRANSCRIPT of Proceedings re: TRIAL held on 2/2/2023 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Lisa Picciano Franko, (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 3/20/2023. Redacted Transcript Deadline set for 3/30/2023. Release of Transcript Restriction set for 5/30/2023..(McGuirk, Kelly)
February 27, 2023 Opinion or Order Filing 154 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/1/2023 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)
February 27, 2023 Opinion or Order Filing 153 TRANSCRIPT of Proceedings re: TRIAL held on 2/1/2023 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Lisa Picciano Franko, (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 3/20/2023. Redacted Transcript Deadline set for 3/30/2023. Release of Transcript Restriction set for 5/30/2023..(McGuirk, Kelly)
February 27, 2023 Opinion or Order Filing 152 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/30/2023 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)
February 27, 2023 Opinion or Order Filing 151 TRANSCRIPT of Proceedings re: TRIAL held on 1/30/2023 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Lisa Picciano Franko, (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 3/20/2023. Redacted Transcript Deadline set for 3/30/2023. Release of Transcript Restriction set for 5/30/2023..(McGuirk, Kelly)
February 27, 2023 Opinion or Order Filing 150 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/31/2023 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)
February 27, 2023 Opinion or Order Filing 149 TRANSCRIPT of Proceedings re: TRIAL held on 1/31/2023 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Lisa Picciano Franko, (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 3/20/2023. Redacted Transcript Deadline set for 3/30/2023. Release of Transcript Restriction set for 5/30/2023..(McGuirk, Kelly)
February 24, 2023 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference with both parties counsel present held on 2/24/2023, without transcription or recording. Further to this conference, first, the defendant is granted leave to file an opening brief on the issue of interviewing the jurors. The defendant should submit that letter brief, exceeding no more than five pages, by March 3, 2023. The plaintiffs have one week -- until March 10, 2023 -- to respond. Both parties may file these materials under seal. Second, Plaintiffs are also granted leave to file a motion for a preliminary injunction by March 3, 2023, and the defendant will have until March 10, 2023 to reply to such motion. Third, The application to delay adjudication of the attorneys fee issue until an appeal has been completed or the possibility of an appeal extinguished is granted. Fourth, the following schedule for the filing of post-trial motions is granted: March 14 for the filing of any motion, March 28 for responses to the motion(s), and April 4 for any reply papers regarding the motion(s). (Kotowski, Linda)
February 15, 2023 Opinion or Order Filing 148 TRANSCRIPT of Proceedings re: oral argument held on 5/4/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Angela O'Donnell, (914) 390-4025. 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 3/8/2023. Redacted Transcript Deadline set for 3/20/2023. Release of Transcript Restriction set for 5/16/2023..(O'Donnell, Angela)
February 15, 2023 Opinion or Order Filing 147 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a oral argument proceeding held on 5/4/2022 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....(O'Donnell, Angela)
February 14, 2023 Opinion or Order Filing 146 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 2/14/2023 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). (Attachments: #1 order).(kv)
February 14, 2023 Opinion or Order Filing 145 FINAL JUDGMENT: Accordingly, the Court hereby enters final judgment in favor of plaintiffs in the amount of $133,000. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/14/2023) (kv)
February 8, 2023 Opinion or Order Filing 144 VERDICT..(kv)
February 8, 2023 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: At 10:45 a.m., after due deliberation, the jury returns a verdict for the plaintiff.Jury Trial completed on 2/8/2023. (Kotowski, Linda)
February 7, 2023 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 2/7/2023. Defendant's Motion for Judgment On the Law - denied. (Kotowski, Linda)
February 7, 2023 Opinion or Order Filing 143 THE COURT'S INSTRUCTIONS OF LAW TO THE JURY..(kv)
February 6, 2023 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 2/6/2023. Summations, charge by the Court, objections to the charge. At 2:30, after marshal is sworn, the jury retires to deliberate. (Kotowski, Linda)
February 5, 2023 Opinion or Order Filing 142 NOTICE of Letter re: Neal Supplemental Report and Jury Instructions. Document filed by Hermes International, Hermes of Paris, Inc...(Wilcox, Deborah)
February 5, 2023 Opinion or Order Filing 141 NOTICE of Letter re: Neal Supplemental Report and Proposed Jury Instruction. Document filed by Mason Rothschild..(Millsaps, Rhett)
February 3, 2023 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial held on 2/3/2023. The jury is excused until Monday and a charge conference is held. (Kotowski, Linda)
February 2, 2023 Opinion or Order Minute Entry Jury Trial held on 2/2/2023. (Kotowski, Linda)
February 2, 2023 Opinion or Order Filing 140 OPINION AND ORDER: For the reasons discussed above, the parties' cross-motions for summary judgment are denied in their entirety. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/2/2023) (kv)
January 30, 2023 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial begun on 1/30/2023. (Kotowski, Linda)
January 29, 2023 Opinion or Order Filing 139 NOTICE of Rothschild's Proposed Verdict Form. Document filed by Mason Rothschild..(Millsaps, Rhett)
January 29, 2023 Opinion or Order Filing 138 PROPOSED JURY INSTRUCTIONS. Document filed by Mason Rothschild..(Millsaps, Rhett)
January 29, 2023 Opinion or Order Filing 137 PROPOSED JURY INSTRUCTIONS. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit 1-Plaintiffs' Proposed Jury Instructions, #2 Exhibit 2-Plaintiffs' Proposed Verdict Form).(Ferguson, Gerald)
January 29, 2023 Opinion or Order Filing 136 NOTICE OF APPEARANCE by Jessica A. Huse on behalf of Hermes International, Hermes of Paris, Inc...(Huse, Jessica)
January 28, 2023 Opinion or Order Filing 135 WITNESS LIST. Document filed by Mason Rothschild..(Robinson, Ashley)
January 27, 2023 Opinion or Order Filing 134 PROPOSED PRE-TRIAL ORDER. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit 1-Hermes Trial Witness List, #2 Exhibit 2-Cover Page, #3 Exhibit 3-Plaintiffs' Final Trial Exhibit List, #4 Exhibit 4-Defendant's Final Trial Exhibit List).(Ferguson, Gerald)
January 26, 2023 Opinion or Order Filing 133 NOTICE of Filing Corrected Exhibit 8 to Declaration of Jessica H. Fernandez in Support of Plaintiffs' Consolidated Motions in Limine re: #122 Declaration in Support of Motion,,,,,,. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit 8-Corrected).(Ferguson, Gerald)
January 25, 2023 Opinion or Order Filing 132 PROPOSED VOIR DIRE QUESTIONS. Document filed by Mason Rothschild..(Millsaps, Rhett)
January 25, 2023 Opinion or Order Filing 131 PROPOSED JURY INSTRUCTIONS. Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
January 25, 2023 Opinion or Order Filing 130 PROPOSED VOIR DIRE QUESTIONS. Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
January 25, 2023 Opinion or Order Filing 129 NOTICE OF APPEARANCE by Ashley N Robinson on behalf of Mason Rothschild..(Robinson, Ashley)
January 23, 2023 Opinion or Order Filing 128 ***SELECTED PARTIES***DECLARATION of Jessica H. Fernandez in Opposition re: #114 MOTION in Limine .. Document filed by Hermes International, Hermes of Paris, Inc., Mason Rothschild. (Attachments: #1 Exhibit 3- Plaintiffs' Proposed Exhibit 232, #2 Exhibit 7- Plaintiffs' Proposed Exhibit 354, #3 Exhibit 8- Plaintiffs' Proposed Exhibit 308, #4 Exhibit 9- Plaintiffs' Proposed Exhibit 360)Motion or Order to File Under Seal: #57 .(Ferguson, Gerald)
January 23, 2023 Opinion or Order Filing 127 DECLARATION of Jessica H. Fernandez in Opposition re: #114 MOTION in Limine .. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit 1- Social Blade Twitter Statistics, #2 Exhibit 2- Mason Rothschild's Twitter captured on January 23, 2022, #3 Exhibit 3- Plaintiffs' Proposed Exhibit 232, #4 Exhibit 4- Plaintiffs' Proposed Exhibit 237, #5 Exhibit 5- Plaintiffs' Proposed Exhibit 255, #6 Exhibit 6- Plaintiffs' Proposed Exhibit 256, #7 Exhibit 7- Plaintiffs' Proposed Exhibit 354, #8 Exhibit 8- Plaintiffs' Proposed Exhibit 308, #9 Exhibit 9- Plaintiffs' Proposed Exhibit 360, #10 Exhibit 10- Plaintiffs' Proposed Exhibit 254).(Ferguson, Gerald)
January 23, 2023 Opinion or Order Filing 126 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #114 MOTION in Limine . . Document filed by Hermes International, Hermes of Paris, Inc., Mason Rothschild. Motion or Order to File Under Seal: #57 .(Ferguson, Gerald)
January 23, 2023 Opinion or Order Filing 125 MEMORANDUM OF LAW in Opposition re: #114 MOTION in Limine . . Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
January 23, 2023 Opinion or Order Filing 124 DECLARATION of Adam B. Oppenheim in Opposition re: #119 MOTION in Limine .. Document filed by Mason Rothschild. (Attachments: #1 Exhibit A - Excerpts from the deposition transcript of Dr. Blake Gopnik, #2 Exhibit B - Excerpts of the Expert Rebuttal Report of David Neal, Ph.D.,, #3 Exhibit C - Excerpts from the deposition transcript of David Neal, Ph.D., #4 Exhibit D - Excerpts from the deposition transcript of Dr. Bruce Isaacson, #5 Exhibit E - Excerpts of the Expert Report Submitted by Dr. Bruce Isaacson).(Oppenheim, Adam)
January 23, 2023 Opinion or Order Filing 123 ***SELECTED PARTIES***DECLARATION of Jessica H. Fernandez in Support re: #119 MOTION in Limine .. Document filed by Hermes International, Hermes of Paris, Inc., Mason Rothschild. (Attachments: #1 Exhibit Defendant's Exhibit 558)Motion or Order to File Under Seal: #57 .(Ferguson, Gerald)
January 23, 2023 Opinion or Order Filing 122 DECLARATION of Jessica H. Fernandez in Support re: #119 MOTION in Limine .. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit 1- Expert Report of Dr. Blake Gopnik dated September 1, 2022, #2 Exhibit 2- September 23, 2022 Deposition of Dr. Blake Gopnik, #3 Exhibit 3- Exhibit 180 from the September 23, 2022 Deposition of Dr. Blake Gopnik, #4 Exhibit 4- Expert Report of Dr. Bruce Isaacson dated August 4, 2022, #5 Exhibit 5- Expert Rebuttal Report of Dr. David Neal dated September 1, 2022, #6 Exhibit 6- September 21, 2022 Deposition of Dr. David Neal, #7 Exhibit 7- September 20, 2022 Deposition of Dr. Bruce Isaacson, #8 Exhibit 8- Mason Rothschild's Second Amended Proposed Witness and Exhibit List, #9 Exhibit Defendant's Exhibit 503, #10 Exhibit Defendant's Exhibit 504, #11 Exhibit Defendant's Exhibit 510, #12 Exhibit Defendant's Exhibit 511, #13 Exhibit Defendant's Exhibit 512, #14 Exhibit Defendant's Exhibit 513, #15 Exhibit Defendant's Exhibit 514, #16 Exhibit Defendant's Exhibit 515, #17 Exhibit Defendant's Exhibit 516, #18 Exhibit Defendant's Exhibit 517, #19 Exhibit Defendant's Exhibit 558, #20 Exhibit Defendant's Exhibit 593, #21 Exhibit Defendant's Exhibit 594, #22 Exhibit Defendant's Exhibit 597, #23 Exhibit 9- Women's Wear Daily dated November 22, 2022, #24 Exhibit 10- Tweet from @MetaBirkins Enclosing a Letter from Campbell Soup Company, #25 Exhibit 11- August 30, 2022 Deposition of Nicolas Martin, #26 Exhibit 12- August 29, 2022 Deposition of Scott Duke Kominers, Ph.D).(Ferguson, Gerald)
January 23, 2023 Opinion or Order Filing 121 MEMORANDUM OF LAW in Opposition re: #119 MOTION in Limine . . Document filed by Mason Rothschild..(Millsaps, Rhett)
January 23, 2023 Opinion or Order Filing 120 MEMORANDUM OF LAW in Support re: #119 MOTION in Limine . . Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
January 23, 2023 Opinion or Order Filing 119 MOTION in Limine . Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
January 23, 2023 Opinion or Order Filing 118 ***SELECTED PARTIES***DECLARATION of Rhett O. Millsaps II in Support re: #114 MOTION in Limine .. Document filed by Mason Rothschild, Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit D - Guimberteau deposition transcript excerpts, #2 Exhibit E - Plaintiffs' proposed Ex. 288, #3 Exhibit F - Plaintiffs' proposed Ex. 285)Motion or Order to File Under Seal: #57 .(Millsaps, Rhett)
January 23, 2023 Opinion or Order Filing 117 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #114 MOTION in Limine . . Document filed by Mason Rothschild, Hermes International, Hermes of Paris, Inc.. Motion or Order to File Under Seal: #57 .(Millsaps, Rhett)
January 23, 2023 Opinion or Order Filing 116 DECLARATION of Rhett O. Millsaps II in Support re: #114 MOTION in Limine .. Document filed by Mason Rothschild. (Attachments: #1 Exhibit A - Plaintiffs' proposed Ex. 42, #2 Exhibit B - Plaintiffs' proposed Ex. 99, #3 Exhibit C - Plaintiffs' proposed Ex. 100, #4 Exhibit D - Guimberteau deposition transcript excerpts, #5 Exhibit E - Plaintiffs' proposed Ex. 288, #6 Exhibit F - Plaintiffs' proposed Ex. 285).(Millsaps, Rhett)
January 23, 2023 Opinion or Order Filing 115 MEMORANDUM OF LAW in Support re: #114 MOTION in Limine . . Document filed by Mason Rothschild..(Millsaps, Rhett)
January 23, 2023 Opinion or Order Filing 114 MOTION in Limine . Document filed by Mason Rothschild..(Millsaps, Rhett)
January 22, 2023 Opinion or Order Filing 113 WITNESS LIST. Document filed by Mason Rothschild..(Millsaps, Rhett)
January 13, 2023 Opinion or Order Filing 112 NOTICE OF APPEARANCE by Jason S. Oliver on behalf of Hermes International, Hermes of Paris, Inc...(Oliver, Jason)
January 12, 2023 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff:The Courts summary judgment opinion in the above-captioned case will be rendered on or before January 24, 2023. The parties must file their jury charges and joint proposed pre-trial consent order by Friday, January 27, 2023 at 11:59pm.
January 12, 2023 Opinion or Order Filing 111 WITNESS LIST. Document filed by Mason Rothschild..(Millsaps, Rhett)
January 10, 2023 Opinion or Order Filing 110 WITNESS LIST. Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
January 10, 2023 Opinion or Order Filing 109 WITNESS LIST. Document filed by Mason Rothschild..(Millsaps, Rhett)
January 10, 2023 Opinion or Order Filing 108 NOTICE OF APPEARANCE by Jonathan Andrew Harris on behalf of Mason Rothschild..(Harris, Jonathan)
January 10, 2023 Opinion or Order Filing 107 NOTICE OF APPEARANCE by Adam B. Oppenheim on behalf of Mason Rothschild..(Oppenheim, Adam)
January 6, 2023 Opinion or Order Filing 106 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ORAL ARGUMENT proceeding held on 11/18/2022 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)
January 6, 2023 Opinion or Order Filing 105 TRANSCRIPT of Proceedings re: ORAL ARGUMENT held on 11/18/2022 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Carol Ganley, (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 1/27/2023. Redacted Transcript Deadline set for 2/6/2023. Release of Transcript Restriction set for 4/6/2023..(McGuirk, Kelly)
December 30, 2022 Opinion or Order Filing 104 ORDER denying #59 Motion for Summary Judgment; denying #60 Motion for Summary Judgment. In this trademark action, plaintiffs Hermes International and Hermes of Paris, Inc. ("Hermes") and defendant Martin Rothschild have each moved for summary judgment. After careful consideration of the briefing and oral argument, the Court hereby denies the parties' motions for summary judgment. An opinion explaining the reasons for these rulings will issue by January 20, 2023, and the parties are reminded that trial of this case will commence on January 30, 2023. The Clerk is directed to close the motions (items 59 and 60) on the docket. SO ORDERED.. (Signed by Judge Jed S. Rakoff on 12/30/2022) (kv)
November 30, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff:. Jury Trial set for 1/30/2023 at 09:30 AM before Judge Jed S. Rakoff. (Kotowski, Linda)
November 18, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 11/18/2022 re: #60 MOTION for Summary Judgment . filed by Mason Rothschild. (Kotowski, Linda)
November 17, 2022 Opinion or Order Filing 103 DECLARATION of Lisa Bollinger Gehman in Support re: #59 MOTION for Summary Judgment .. Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
November 3, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Final Pretrial Conference set for 11/18/2022 at 02:00 PM before Judge Jed S. Rakoff., Oral Argument set for 11/18/2022 at 02:00 PM before Judge Jed S. Rakoff in courtroom 14B of 500 Pearl Street.) (Kotowski, Linda)
October 29, 2022 Opinion or Order Filing 102 REPLY MEMORANDUM OF LAW in Support re: #60 MOTION for Summary Judgment . . Document filed by Mason Rothschild..(Millsaps, Rhett)
October 29, 2022 Opinion or Order Filing 101 ***SELECTED PARTIES***REPLY AFFIRMATION of Rhett O. Millsaps II in Support re: #60 MOTION for Summary Judgment .. Document filed by Mason Rothschild, Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit 13 - K. Loo deposition trancript excerpts)Motion or Order to File Under Seal: #57 .(Millsaps, Rhett)
October 29, 2022 Opinion or Order Filing 100 REPLY AFFIRMATION of Rhett O. Millsaps II in Support re: #60 MOTION for Summary Judgment .. Document filed by Mason Rothschild. (Attachments: #1 Exhibit 13, #2 Exhibit 14 - S. Kominers deposition trancript excerpts, #3 Exhibit 15 - B. Gopnik deposition trancript excerpts, #4 Exhibit 16 - N. Martin deposition trancript excerpts).(Millsaps, Rhett)
October 28, 2022 Opinion or Order Filing 99 REPLY to Response to Motion re: #60 MOTION for Summary Judgment . Rothschild's Reply to Plaintiffs' Response to Defendant's Rule 56.1 Statement of Undisputed Material Facts and Statement of Additional Material Facts in Opposition. Document filed by Mason Rothschild..(Millsaps, Rhett)
October 28, 2022 Opinion or Order Filing 98 ***SELECTED PARTIES*** REPLY to Response to Motion re: #60 MOTION for Summary Judgment . Rothschild's Reply to Plaintiffs' Response to Defendant's Rule 56.1 Statement of Undisputed Material Facts and Statement of Additional Material Facts in Opposition. Document filed by Mason Rothschild, Hermes International, Hermes of Paris, Inc.. Motion or Order to File Under Seal: #57 .(Millsaps, Rhett)
October 28, 2022 Opinion or Order Filing 97 DECLARATION of Lisa Bollinger Gehman in Support re: #59 MOTION for Summary Judgment .. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit 1 - Rothschilds first production Bates stamped (Sealed), #2 Exhibit 2 - email chain between counsels, #3 Exhibit 3 - email chain between counsels, #4 Exhibit 4 - email chain between counsels, #5 Exhibit 5 - email chain between counsels, #6 Exhibit 6 - document Bates stamped Rothschild007488, #7 Exhibit 7 - metadata produced by Rothschild, #8 Exhibit 8 - excerpts from the September 1, 2022 expert report, #9 Exhibit 9 - Exhibit 192 from the September 23, 2022 deposition, #10 Exhibit 10 - excerpts from the September 23, 2022 deposition, #11 Exhibit 11 - excerpts from the August 4, 2022 deposition, #12 Exhibit 12 - Rothschilds Supplemental Responses and Objections, #13 Exhibit 13 - excerpts from the August 10, 2022 deposition).(Ferguson, Gerald)
October 28, 2022 Opinion or Order Filing 96 ***SELECTED PARTIES***DECLARATION of Lisa Bollinger Gehman in Support re: #59 MOTION for Summary Judgment .. Document filed by Hermes International, Hermes of Paris, Inc., Mason Rothschild. (Attachments: #1 Exhibit 1 - Rothschilds METABIRKINS social media accounts, #2 Exhibit 6 - document Bates stamped Rothschild007488, #3 Exhibit 7 - metadata produced by Rothschild, #4 Exhibit 11 - excerpts from the August 4, 2022 deposition, #5 Exhibit 12 - Rothschilds Supplemental Responses and Objections, #6 Exhibit 13 - excerpts from the August 10, 2022 deposition)Motion or Order to File Under Seal: #57 .(Ferguson, Gerald)
October 28, 2022 Opinion or Order Filing 95 REPLY MEMORANDUM OF LAW in Support re: #59 MOTION for Summary Judgment . . Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
October 28, 2022 Opinion or Order Filing 94 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #59 MOTION for Summary Judgment . . Document filed by Hermes International, Hermes of Paris, Inc., Mason Rothschild. Motion or Order to File Under Seal: #57 .(Ferguson, Gerald)
October 24, 2022 Opinion or Order Filing 93 NOTICE OF APPEARANCE by Megan Corrigan on behalf of Hermes International, Hermes of Paris, Inc...(Corrigan, Megan)
October 22, 2022 Opinion or Order Filing 92 COUNTER STATEMENT TO #63 Rule 56.1 Statement. Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
October 22, 2022 Opinion or Order Filing 91 MEMORANDUM OF LAW in Opposition re: #60 MOTION for Summary Judgment . . Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
October 22, 2022 Opinion or Order Filing 90 ***SELECTED PARTIES***COUNTER STATEMENT TO #63 Rule 56.1 Statement. Document filed by Hermes International, Hermes of Paris, Inc., Mason Rothschild. Motion or Order to File Under Seal: #57 .(Ferguson, Gerald)
October 22, 2022 Opinion or Order Filing 89 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #60 MOTION for Summary Judgment . . Document filed by Hermes International, Hermes of Paris, Inc., Mason Rothschild. Motion or Order to File Under Seal: #57 .(Ferguson, Gerald)
October 22, 2022 Opinion or Order Filing 88 ***SELECTED PARTIES***DECLARATION of Rhett O. Millsaps II in Opposition re: #59 MOTION for Summary Judgment .. Document filed by Mason Rothschild, Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit 1 - Rothschild-Berden messages, #2 Exhibit 3 - Rothschild deposition transcript excerpts, #3 Exhibit 5 - Martin deposition transcript excerpts, #4 Exhibit 6 - Guimberteau deposition transcript excerpts, #5 Exhibit 7 - Loo deposition transcript excerpts, #6 Exhibit 8 - Loo deposition transcript excerpts, #7 Exhibit 9 - Cohen deposition transcript excerpts, #8 Exhibit 10 - Rothschild008283, #9 Exhibit 12 - Rothschild-MAKISA messages)Motion or Order to File Under Seal: #57 .(Millsaps, Rhett)
October 22, 2022 Opinion or Order Filing 86 ***SELECTED PARTIES***COUNTER STATEMENT TO #75 Rule 56.1 Statement. Document filed by Mason Rothschild, Hermes International, Hermes of Paris, Inc.. Motion or Order to File Under Seal: #57 .(Millsaps, Rhett)
October 21, 2022 Opinion or Order Filing 87 ***SELECTED PARTIES***DECLARATION of Megan A. Corrigan in Opposition re: #60 MOTION for Summary Judgment .. Document filed by Hermes International, Hermes of Paris, Inc., Mason Rothschild. (Attachments: #1 Exhibit 130 - Text Message Exchange, #2 Exhibit 131 - Text Message Exchange, #3 Exhibit 133 - Text Message Exchange, #4 Exhibit 134 - Excerpts of 8/4/22 Deposition, #5 Exhibit 139 - Excerpts of Exhibit 25 from 8/4/22 Deposition (Part 1), #6 Exhibit 139 - Excerpts of Exhibit 25 from 8/4/22 Deposition (Part 2), #7 Exhibit 139 - Excerpts of Exhibit 25 from 8/4/22 Deposition (Part 3), #8 Exhibit 140 - Text Message Exchange)Motion or Order to File Under Seal: #57 .(Ferguson, Gerald)
October 21, 2022 Opinion or Order Filing 85 DECLARATION of Megan A. Corrigan in Opposition re: #60 MOTION for Summary Judgment .. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit 130 - Text Message Exchange (Filed Under Seal), #2 Exhibit 131 - Text Message Exchange (Filed Under Seal), #3 Exhibit 132 - Excerpts from 9/20/22 Deposition, #4 Exhibit 133 - Text Message Exchange (Filed Under Seal), #5 Exhibit 134 - Excerpts of 8/4/22 Deposition, #6 Exhibit 135 - Excerpts of 9/23/22 Deposition, #7 Exhibit 136 - Exhibit 189 of 9/23/22 Deposition, #8 Exhibit 137 - Screenshot of Tweet, #9 Exhibit 138 - Screenshot of Instagram Page, #10 Exhibit 139 - Exhibit 25 of 8/4/22 Deposition (Filed Under Seal), #11 Exhibit 140 - Test Message Exchange (Filed Under Seal), #12 Exhibit 141 - Excerpts of 9/21/22 Deposition, #13 Exhibit 142 - US Trademark & Patent Office Record, #14 Exhibit 143 - US Trademark & Patent Office Record, #15 Exhibit 144 - Excerpts of 8/30/22 Deposition).(Ferguson, Gerald)
October 21, 2022 Opinion or Order Filing 84 COUNTER STATEMENT TO #74 Rule 56.1 Statement. Document filed by Mason Rothschild..(Millsaps, Rhett)
October 21, 2022 Opinion or Order Filing 83 DECLARATION of James Kerr in Opposition re: #59 MOTION for Summary Judgment .. Document filed by Mason Rothschild. (Attachments: #1 Exhibit 1 - Excel spreadsheet, #2 Exhibit 2 - Discord message screenshot, #3 Exhibit 3 - Discord message screenshot).(Millsaps, Rhett)
October 21, 2022 Opinion or Order Filing 82 DECLARATION of Truman Sacks in Opposition re: #59 MOTION for Summary Judgment .. Document filed by Mason Rothschild. (Attachments: #1 Exhibit 1 - Discord message screenshot).(Millsaps, Rhett)
October 21, 2022 Opinion or Order Filing 81 DECLARATION of Rhett O. Millsaps II in Opposition re: #59 MOTION for Summary Judgment .. Document filed by Mason Rothschild. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Gopnik deposition transcript excerpts, #3 Exhibit 3, #4 Exhibit 4 - Kominers deposition transcript excerpts, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11 - Millsaps email to Warshavsky, #12 Exhibit 12, #13 Exhibit 13 - Isaacson deposition transcript excerpts).(Millsaps, Rhett)
October 21, 2022 Opinion or Order Filing 80 DECLARATION of Blake Gopnik in Opposition re: #59 MOTION for Summary Judgment .. Document filed by Mason Rothschild..(Millsaps, Rhett)
October 21, 2022 Opinion or Order Filing 79 DECLARATION of Mason Rothschild in Opposition re: #59 MOTION for Summary Judgment .. Document filed by Mason Rothschild..(Millsaps, Rhett)
October 21, 2022 Opinion or Order Filing 78 MEMORANDUM OF LAW in Opposition re: #59 MOTION for Summary Judgment . . Document filed by Mason Rothschild..(Millsaps, Rhett)
October 12, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 10/12/2022, without transcription or recording. Counsel for plaintiff and defendant were present. Plaintiffs request to take the third-party deposition that was the subject of todays telephone call is granted, subject to a stipulation between the parties that permits the plaintiff to take the deposition on the condition that any information obtained through it can be used in summary judgment proceedings only with prior approval from the defendant or the Court. (Kotowski, Linda)
October 8, 2022 Opinion or Order Filing 77 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #59 MOTION for Summary Judgment . . Document filed by Hermes International, Hermes of Paris, Inc., Mason Rothschild. Motion or Order to File Under Seal: #57 .(Warshavsky, Oren)
October 8, 2022 Opinion or Order Filing 76 MEMORANDUM OF LAW in Support re: #59 MOTION for Summary Judgment . . Document filed by Hermes International, Hermes of Paris, Inc...(Warshavsky, Oren)
October 8, 2022 Opinion or Order Filing 75 ***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Hermes International, Hermes of Paris, Inc., Mason Rothschild. Motion or Order to File Under Seal: #57 .(Warshavsky, Oren)
October 8, 2022 Opinion or Order Filing 74 RULE 56.1 STATEMENT. Document filed by Hermes International, Hermes of Paris, Inc...(Warshavsky, Oren)
October 7, 2022 Opinion or Order Filing 73 ***SELECTED PARTIES***DECLARATION of Megan A. Corrigan in Support re: #59 MOTION for Summary Judgment .. Document filed by Hermes International, Hermes of Paris, Inc., Mason Rothschild. (Attachments: #1 Exhibit 12, #2 Exhibit 18, #3 Exhibit 19, #4 Exhibit 20, #5 Exhibit 21, #6 Exhibit 22, #7 Exhibit 23, #8 Exhibit 24, #9 Exhibit 29, #10 Exhibit 30, #11 Exhibit 31, #12 Exhibit 32, #13 Exhibit 33, #14 Exhibit 34, #15 Exhibit 35, #16 Exhibit 36, #17 Exhibit 42, #18 Exhibit 43, #19 Exhibit 45, #20 Exhibit 47, #21 Exhibit 48, #22 Exhibit 49, #23 Exhibit 50, #24 Exhibit 51, #25 Exhibit 52, #26 Exhibit 53, #27 Exhibit 54, #28 Exhibit 55, #29 Exhibit 60, #30 Exhibit 61, #31 Exhibit 67, #32 Exhibit 68, #33 Exhibit 73, #34 Exhibit 77, #35 Exhibit 78, #36 Exhibit 80, #37 Exhibit 81, #38 Exhibit 82, #39 Exhibit 83, #40 Exhibit 84-1, #41 Exhibit 84-2, #42 Exhibit 84-3, #43 Exhibit 85, #44 Exhibit 86, #45 Exhibit 87, #46 Exhibit 88, #47 Exhibit 89, #48 Exhibit 90, #49 Exhibit 91, #50 Exhibit 92, #51 Exhibit 93, #52 Exhibit 94, #53 Exhibit 95, #54 Exhibit 96, #55 Exhibit 97, #56 Exhibit 98, #57 Exhibit 107, #58 Exhibit 108, #59 Exhibit 109, #60 Exhibit 110, #61 Exhibit 111, #62 Exhibit 112, #63 Exhibit 113, #64 Exhibit 115, #65 Exhibit 118, #66 Exhibit 119, #67 Exhibit 120, #68 Exhibit 121, #69 Exhibit 122, #70 Exhibit 123, #71 Exhibit 124, #72 Exhibit 127, #73 Exhibit 128)Motion or Order to File Under Seal: #57 .(Warshavsky, Oren)
October 7, 2022 Opinion or Order Filing 72 DECLARATION of Megan A. Corrigan in Support re: #59 MOTION for Summary Judgment .. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2-1, #3 Exhibit 2-2, #4 Exhibit 2-3, #5 Exhibit 2-4, #6 Exhibit 2-5, #7 Exhibit 3-1, #8 Exhibit 3-2, #9 Exhibit 3-3, #10 Exhibit 3-4, #11 Exhibit 3-5, #12 Exhibit 3-6, #13 Exhibit 4, #14 Exhibit 5, #15 Exhibit 6, #16 Exhibit 7, #17 Exhibit 8, #18 Exhibit 9, #19 Exhibit 10, #20 Exhibit 11, #21 Exhibit 12, #22 Exhibit 13, #23 Exhibit 14, #24 Exhibit 15, #25 Exhibit 16, #26 Exhibit 17, #27 Exhibit 18, #28 Exhibit 19, #29 Exhibit 20, #30 Exhibit 21, #31 Exhibit 22, #32 Exhibit 23, #33 Exhibit 24, #34 Exhibit 25, #35 Exhibit 26, #36 Exhibit 27, #37 Exhibit 28, #38 Exhibit 29, #39 Exhibit 30, #40 Exhibit 31, #41 Exhibit 32, #42 Exhibit 33, #43 Exhibit 34, #44 Exhibit 35, #45 Exhibit 36, #46 Exhibit 37, #47 Exhibit 38-1, #48 Exhibit 38-2, #49 Exhibit 38-3, #50 Exhibit 38-4, #51 Exhibit 38-5, #52 Exhibit 38-6, #53 Exhibit 39, #54 Exhibit 40, #55 Exhibit 41, #56 Exhibit 42, #57 Exhibit 43, #58 Exhibit 44, #59 Exhibit 45, #60 Exhibit 46, #61 Exhibit 47, #62 Exhibit 48, #63 Exhibit 49, #64 Exhibit 50, #65 Exhibit 51, #66 Exhibit 52, #67 Exhibit 53, #68 Exhibit 54, #69 Exhibit 55, #70 Exhibit 56, #71 Exhibit 57, #72 Exhibit 58, #73 Exhibit 59, #74 Exhibit 60, #75 Exhibit 61, #76 Exhibit 62, #77 Exhibit 63, #78 Exhibit 64, #79 Exhibit 65-1, #80 Exhibit 65-2, #81 Exhibit 65-3, #82 Exhibit 65-4, #83 Exhibit 65-5, #84 Exhibit 66, #85 Exhibit 67, #86 Exhibit 68, #87 Exhibit 69, #88 Exhibit 70, #89 Exhibit 71, #90 Exhibit 72, #91 Exhibit 73, #92 Exhibit 74, #93 Exhibit 75, #94 Exhibit 76, #95 Exhibit 77, #96 Exhibit 78, #97 Exhibit 79, #98 Exhibit 80, #99 Exhibit 81, #100 Exhibit 82, #101 Exhibit 83, #102 Exhibit 84, #103 Exhibit 85, #104 Exhibit 86, #105 Exhibit 87, #106 Exhibit 88, #107 Exhibit 89, #108 Exhibit 90, #109 Exhibit 91, #110 Exhibit 92, #111 Exhibit 93, #112 Exhibit 94, #113 Exhibit 95, #114 Exhibit 96, #115 Exhibit 97, #116 Exhibit 98, #117 Exhibit 99, #118 Exhibit 100, #119 Exhibit 101, #120 Exhibit 102, #121 Exhibit 103, #122 Exhibit 104, #123 Exhibit 105, #124 Exhibit 106, #125 Exhibit 107, #126 Exhibit 108, #127 Exhibit 109, #128 Exhibit 110, #129 Exhibit 111, #130 Exhibit 112, #131 Exhibit 113, #132 Exhibit 114, #133 Exhibit 115, #134 Exhibit 116, #135 Exhibit 117, #136 Exhibit 118, #137 Exhibit 119, #138 Exhibit 120, #139 Exhibit 121, #140 Exhibit 122, #141 Exhibit 123, #142 Exhibit 124, #143 Exhibit 125, #144 Exhibit 126, #145 Exhibit 127, #146 Exhibit 128, #147 Exhibit 129).(Warshavsky, Oren)
October 7, 2022 Opinion or Order Filing 71 DECLARATION of Scott Duke Kominers in Support re: #59 MOTION for Summary Judgment .. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit 1- Expert Report dated August 5, 2022, #2 Exhibit 2- Supplement to Expert Report dated August 26, 2022, #3 Exhibit 3- Twitter Space Recording Transcript, #4 Exhibit 4- Twitter Space Recording Transcript).(Warshavsky, Oren)
October 7, 2022 Opinion or Order Filing 70 ***SELECTED PARTIES***DECLARATION of Nicolas Martin in Support re: #59 MOTION for Summary Judgment .. Document filed by Hermes International, Hermes of Paris, Inc., Mason Rothschild. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 6, #4 Exhibit 7, #5 Exhibit 8)Motion or Order to File Under Seal: #57 .(Warshavsky, Oren)
October 7, 2022 Opinion or Order Filing 69 DECLARATION of Nicolas Martin in Support re: #59 MOTION for Summary Judgment .. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit 1- Hermes's 2021 Global Distribution Network, #2 Exhibit 2- Filed Under Seal, #3 Exhibit 3- Filed Under Seal, #4 Exhibit 4- Cease-and-Desist Letter dated December 16. 2021, #5 Exhibit 5- Response Letter dated December 21, 2021, #6 Exhibit 6- Filed Under Seal, #7 Exhibit 7- Filed Under Seal, #8 Exhibit 8- Filed Under Seal).(Warshavsky, Oren)
October 7, 2022 Opinion or Order Filing 68 DECLARATION of Kevin D. Mentzer in Support re: #59 MOTION for Summary Judgment .. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit 1- Expert Report dated August 4, 2022, #2 Exhibit 2- Addendum to Expert Report dated September 23, 2022).(Warshavsky, Oren)
October 7, 2022 Opinion or Order Filing 67 DECLARATION of Dr. Bruce Isaacson in Support re: #59 MOTION for Summary Judgment .. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit 1- Expert Report dated August 4, 2022).(Warshavsky, Oren)
October 7, 2022 Opinion or Order Filing 66 DECLARATION of Mason Rothschild in Support re: #60 MOTION for Summary Judgment .. Document filed by Mason Rothschild..(Millsaps, Rhett)
October 7, 2022 Opinion or Order Filing 65 DECLARATION of Rhett O. Millsaps II in Support re: #60 MOTION for Summary Judgment .. Document filed by Mason Rothschild. (Attachments: #1 Exhibit 1 - Expert Report of Dr. Blake Gopnik, #2 Exhibit 2 - Rothschild deposition transcript excerpts, #3 Exhibit 3 - Gopnik deposition transcript excerpts, #4 Exhibit 4 - Martin deposition transcript excerpts, #5 Exhibit 5 - Loo deposition transcript excerpts, #6 Exhibit 6 - Cohen deposition transcript excerpts, #7 Exhibit 7 - Sacks deposition transcript excerpts, #8 Exhibit 8 - Expert Report of Dr. Bruce Isaacson, #9 Exhibit 9 - Expert Report of Dr. David Neal, #10 Exhibit 10 - Isaacson deposition transcript excerpts, #11 Exhibit 11 - Responses to Requests for Admission, #12 Exhibit 12 - Emails from Rothschild to journalists).(Millsaps, Rhett)
October 7, 2022 Opinion or Order Filing 64 DECLARATION of Mason Rothschild in Support re: #60 MOTION for Summary Judgment .. Document filed by Mason Rothschild..(Millsaps, Rhett)
October 7, 2022 Opinion or Order Filing 63 RULE 56.1 STATEMENT. Document filed by Mason Rothschild..(Millsaps, Rhett)
October 7, 2022 Opinion or Order Filing 62 MEMORANDUM OF LAW in Support re: #60 MOTION for Summary Judgment . . Document filed by Mason Rothschild..(Millsaps, Rhett)
October 5, 2022 Opinion or Order Filing 61 OPINION AND ORDER re: #52 MOTION for Certificate of Appealability for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b) filed by Mason Rothschild. For the foregoing reasons, Rothschild's motion for interlocutory appeal on the Court's motion to dismiss order is hereby denied in its entirety. The Clerk is directed to close the motion (item 52) on the docket. SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/30/2022) (vfr)
September 28, 2022 Opinion or Order Filing 60 MOTION for Summary Judgment . Document filed by Mason Rothschild..(Millsaps, Rhett)
September 28, 2022 Opinion or Order Filing 59 MOTION for Summary Judgment . Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
September 13, 2022 Opinion or Order Filing 58 STIPULATED PROTOCOL ORDER GOVERNING THE DISCOVERY OF ELECTRONICALLY STORED INFORMATION: ORDERED that the Parties shall adhere to the following terms, upon pain of contempt: As used herein, the "Requesting Party" means the party requesting production of documents. As used herein, the "Producing Entity" means the party or third party that may be producing documents in response to the request of the Requesting Party. As used herein, the words "Party" or "Parties" include the Requesting Party and the Producing Entity and further set forth in this Order. (Signed by Judge Jed S. Rakoff on 9/13/2022) (rro)
September 13, 2022 Opinion or Order Filing 57 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/13/2022) (kv)
August 5, 2022 Opinion or Order Filing 56 ORDER FOR ADMISSION PRO HAC VICE granting #55 Motion to Appear Pro Hac Vice. The motion of Lisa Bollinger Gehman, for admission to practice Pro Hac Vice in the above captioned action is granted. As further set forth by this Order. (Signed by Judge Jed S. Rakoff on 8/5/2022) (tg)
August 4, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #55 MOTION for Lisa Bollinger Gehman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26499046. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
August 3, 2022 Opinion or Order Filing 55 MOTION for Lisa Bollinger Gehman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26499046. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Affidavit in Support of Motion to Appear Pro Hac Vice, #2 Exhibit Certificate of Good Standing from the Supreme Court of Pennsylvania, #3 Text of Proposed Order for Admission Pro Hac Vice).(Gehman, Lisa)
June 24, 2022 Opinion or Order Filing 54 MEMORANDUM OF LAW in Opposition re: #52 MOTION for Certificate of Appealability for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b). . Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
June 6, 2022 Opinion or Order Filing 53 MEMORANDUM OF LAW in Support re: #52 MOTION for Certificate of Appealability for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b). . Document filed by Mason Rothschild..(Millsaps, Rhett)
June 6, 2022 Opinion or Order Filing 52 MOTION for Certificate of Appealability for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b). Document filed by Mason Rothschild..(Millsaps, Rhett)
June 2, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 6/2/2022 without transcription or recording. Counsel for Plaintiffs, Oren Warshavsky and Kevin Wallace, and for Defendant, Mark McKenna and Rhett Millsaps, were present. The Court grants the defense request to file a motion for interlocutory appeal of the Courts denial of the motion to dismiss. Moving papers are to be filed by June 6 and opposing papers by June 24. There will be no reply papers and no oral argument. (Kotowski, Linda)
May 19, 2022 Opinion or Order Filing 51 ANSWER to #24 Amended Complaint,,,,,,,,,,,, with JURY DEMAND. Document filed by Mason Rothschild..(Millsaps, Rhett)
May 18, 2022 Opinion or Order Filing 50 MEMORANDUM ORDER: For the aforementioned reasons, and as the Court stated by bottom-line order dated May 5, 2022, see ECF No. 49, the Court denies Rothschild's motion to dismiss the amended complaint. The Clerk of Court is directed to close the entry at docket number 26. SO ORDERED. (Signed by Judge Jed S. Rakoff on 5/18/2022) (vfr)
May 5, 2022 Opinion or Order Filing 49 ORDER terminating #16 Motion to Dismiss; denying #26 Motion to Dismiss. Now before the Court is defendant's motion to dismiss plaintiffs' amended complaint pursuant to Federal Rule of Civil Procedure 12(b) (6). ECF No. 26. Upon due consideration, the Court denies the motion. The Court will issue an opinion in due course setting forth the reasons for this ruling. SO ORDERED.. (Signed by Judge Jed S. Rakoff on 5/5/2022) (kv)
May 5, 2022 Opinion or Order Filing 48 CIVIL CASE MANAGEMENT PLAN: This case is to be tried to a jury. Joinder of Parties due by 5/9/2022. Motions due by 10/7/2022. Responses due by 10/21/2022 Replies due by 10/28/2022. Deposition due by 9/23/2022. Discovery due by 9/23/2022. Final Pretrial Conference set for 11/4/2022 at 04:00 PM before Judge Jed S. Rakoff. Ready for Trial by 11/4/2022. (Signed by Judge Jed S. Rakoff on 5/5/2022) (kv)
May 4, 2022 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephonic Oral Argument held on 5/4/2022 re: #26 MOTION to Dismiss Plaintiffs' Amended Complaint. filed by Mason Rothschild, #16 MOTION to Dismiss . filed by Mason Rothschild, ( Final Pretrial Conference set for 11/4/2022 at 04:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda)
May 2, 2022 Opinion or Order Filing 47 PROPOSED CASE MANAGEMENT PLAN. Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
April 21, 2022 Opinion or Order Filing 46 ORDER re: #30 Letter filed by Mason Rothschild, #34 Letter filed by Mason Rothschild. This case was reassigned to the undersigned on April 19, 2022. The Court will hold oral argument on the fully-briefed motion to dismiss the amended complaint, ECF No. 26, on Wednesday, May 4, 2022 at 2:00 p.m. on the Court's AT&T line. The dial-in information is as follows: USA Toll-Free (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415. In the meantime, discovery will continue. The defendant's motion to stay discovery pending resolution of the motion to dismiss the amended complaint, ECF Nos. 30, 34, is denied. The parties are instructed to prepare a case management plan in accordance with the Court's Form D, with a ready-for-trial date of October 3, 2022. The case management plan should incorporate the previously set discovery dates, including the close-of-discovery date of August 9, 2022, see ECF No. 36. The parties should submit the proposed case management plan by Monday, May 2, 2022. The parties are also reminded to familiarize themselves with the Court's Individual Rules of Practice. SO ORDERED. (Discovery due by 8/9/2022., Ready for Trial by 10/3/2022., Telephone Conference set for 5/4/2022 at 02:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 4/21/2022) (kv)
April 20, 2022 Opinion or Order Filing 45 ORDER: This case was reassigned to the undersigned on April 19, 2022. In accordance with the Court's usual practice, all scheduling, discovery, and motions will be handled by Judge Rakoff. Accordingly, the previous order of reference to Magistrate Judge Gorenstein, ECF No. 12, is withdrawn. SO ORDERED. (Signed by Judge Jed S. Rakoff on 4/20/2022) (ama)
April 19, 2022 Opinion or Order Filing 44 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Rhett O. Millsaps II & Rebecca Tushnet dated April 18, 2022 re: Reply in Further Support of Rothschild's Motion to Stay Discovery. Document filed by Mason Rothschild..(Millsaps, Rhett)
April 19, 2022 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge Alison J. Nathan is no longer assigned to the case. (laq)
April 18, 2022 Opinion or Order Filing 43 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #44) LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Rhett O. Millsaps II & Rebecca Tushnet dated April 18, 2022 re: Reply in Further Support of Rothschild's Motion to Dismiss. Document filed by Mason Rothschild..(Millsaps, Rhett) Modified on 4/20/2022 (kj).
April 15, 2022 Opinion or Order Filing 42 DECLARATION of Gerald J. Ferguson in Opposition re: #30 Letter. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit A - Request for Extension of Time to Answer Complaint, #2 Exhibit B - LooksRare Page As of 2022-04-15, #3 Exhibit C - METABIRKINS March Sale, #4 Exhibit D - Hawaii Tweet, #5 Exhibit E - Hawaii Instagram Story, #6 Exhibit F - Hawaii Instagram Post_Redacted, #7 Exhibit G - ILYYW Twitter Post Re Weird Times, #8 Exhibit H - Weird Times_ Volume One I Like You, You're Weird, #9 Exhibit I - ILYYW Discord Plane Tickets, #10 Exhibit J - Vogue Termianl 27 Article, #11 Exhibit K - Vogue NFT Wearable Article, #12 Exhibit L - Forbes Article).(Ferguson, Gerald)
April 15, 2022 Opinion or Order Filing 41 MEMORANDUM OF LAW in Opposition re: #30 Letter Motion to Stay Discovery. Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
April 12, 2022 Opinion or Order Filing 40 MEMO ENDORSEMENT on re: #39 Letter filed by Mason Rothschild. ENDORSEMENT: The Court will decide the motion in due course and will inform the parties if the Court requests oral argument. SO ORDERED. (Signed by U.S. Circuit JudgeSitting by designation Alison J. Nathan on 4/12/2022) (vfr)
April 11, 2022 Opinion or Order Filing 39 LETTER addressed to Judge Alison J. Nathan from Rhett O. Millsaps II dated April 11, 2022 re: Oral Argument on Rothschild's Motion to Dismiss. Document filed by Mason Rothschild..(Millsaps, Rhett)
April 11, 2022 Opinion or Order Filing 38 REPLY MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by Mason Rothschild..(Millsaps, Rhett)
April 8, 2022 Opinion or Order Filing 37 SCHEDULING ORDER: Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within thirty (30) days from the date of this Order. Depositions shall be completed by August 9, 2022. All fact discovery is to be completed no later than August 9, 2022. All expert discovery, including depositions shall be completed by September 23, 2022 with disclosure of expert reports by July 29 and rebuttal disclosures by August 26. The parties anticipate a trial will last five days, and Plaintiffs have requested this case be tried to a jury. Counsel for the parties propose seeking such a referral after the close of fact discovery on August 9, 2022. (Deposition due by 8/9/2022., Expert Discovery due by 9/23/2022., Fact Discovery due by 8/9/2022.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/8/2022) (rro)
April 8, 2022 Opinion or Order Filing 36 PROPOSED SCHEDULING ORDER. Document filed by Hermes International, Hermes of Paris, Inc...(Wallace, Kevin)
April 8, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Initial Pretrial Conference held on 4/8/2022. (cf)
April 7, 2022 Opinion or Order DOCKET ANNOTATION: Judge Gorenstein notes that Docket # 35 does not comply with the requirements of Docket # 29. If it is convenient for the parites to file a Proposed Scheduling Order in conformity with Docket # 35 before the conference on April 8, 2022, the parties should do so. If not, the conference will proceed as scheduled based on Docket # 35. (Chambers of Judge Gorenstein)
April 6, 2022 Opinion or Order Filing 35 PROPOSED CASE MANAGEMENT PLAN. Document filed by Hermes International, Hermes of Paris, Inc...(Wallace, Kevin)
April 6, 2022 Opinion or Order Filing 34 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Rhett O. Millsaps II dated April 6, 2022 re: Defendant's Motion to Stay Discovery. Document filed by Mason Rothschild..(Millsaps, Rhett)
April 5, 2022 Opinion or Order Filing 33 MEMO ENDORSEMENT: on re: #30 Letter filed by Mason Rothschild. ENDORSEMENT: The pre-motion conference requirement is waived. Briefing shall be in accordance with paragraph 2.B of the Court's Individual Practices. Defendant may elect to rely on this letter in lieu of a notice of motion and memorandum of law by filing a letter on ECF so stating and providing in the letter the briefing schedule that would otherwise have been contained in the notice of motion as required by paragraph 2.B. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/05/2022) (ama)
April 4, 2022 Opinion or Order Filing 32 DECLARATION of Gerald J. Ferguson in Opposition re: #26 MOTION to Dismiss Plaintiffs' Amended Complaint.. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit A - Discord Screenshot).(Ferguson, Gerald)
April 4, 2022 Opinion or Order Filing 31 MEMORANDUM OF LAW in Opposition re: #26 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
April 4, 2022 Opinion or Order Filing 30 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Rhett O. Millsaps II dated April 4, 2022 re: Defendant's Proposed Motion to Stay Discovery. Document filed by Mason Rothschild..(Millsaps, Rhett)
March 24, 2022 Opinion or Order Filing 29 ORDER FOR CONFERENCE PURSUANT TO RULE 16: At that time, the parties shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) Initial Conference set for 4/8/2022 at 10:30 AM before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/24/2022) (tg)
March 22, 2022 Opinion or Order Filing 28 ORDER granting #25 Letter Motion for Extension of Time to File a response to the Amended Complaint. So Ordered. (Signed by Judge Alison J. Nathan on 3/22/2022) (js)
March 21, 2022 Opinion or Order Filing 27 MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by Mason Rothschild..(Millsaps, Rhett)
March 21, 2022 Opinion or Order Filing 26 MOTION to Dismiss Plaintiffs' Amended Complaint. Document filed by Mason Rothschild. Responses due by 4/4/2022.(Millsaps, Rhett)
March 21, 2022 Opinion or Order Filing 25 CONSENT LETTER MOTION for Extension of Time to File Defendant's Response to Amended Complaint addressed to Judge Alison J. Nathan from Rhett O. Millsaps II dated 3/21/2022. Document filed by Mason Rothschild..(Millsaps, Rhett)
March 2, 2022 Opinion or Order Filing 24 AMENDED COMPLAINT amending #1 Complaint,,,,,,,,, against Mason Rothschild with JURY DEMAND.Document filed by Hermes International, Hermes of Paris, Inc.. Related document: #1 Complaint,,,,,,,,,. (Attachments: #1 Exhibit A - Rothschild LinkedIn Page, #2 Exhibit B - Hermes Word Marks, #3 Exhibit C - Image of Birkin, #4 Exhibit D - BIRKIN Certificate of Registration, #5 Exhibit E - BIRKIN Design Certificate of Registration, #6 Exhibit F - MetaBirkin OpenSea Page, #7 Exhibit G - CNN Article Re Birkin bags hit record prices even during COVID., #8 Exhibit H - Reuters Hermes Q2 2021 Sales, #9 Exhibit I - USA_HARPERSBAZAAR_Mighty Birkin, #10 Exhibit J - Fashion Publications, #11 Exhibit K - TV and Movies featuring the Birkin, #12 Exhibit L - Vanity Fair Article, #13 Exhibit M - Birkin Museum Exhibit, #14 Exhibit N -Time Article_Better Investment Than Gold, #15 Exhibit O - Judicial Decisions in English, #16 Exhibit P - Hermes Federally Registered Trademarks Chart, #17 Exhibit Q - Fastcompany NYSE Article, #18 Exhibit R - NYT Metaverse Article, #19 Exhibit S - Gucci Ghost Article from OceanDrive, #20 Exhibit T - MetaBirkin Instagram Post - Letter to Hermes, #21 Exhibit U - MetaBirkin Website on December 1 (No Disclaimer), #22 Exhibit V - Image of Baby Birkin, #23 Exhibit W - Baby Birkin Basic Space Page, #24 Exhibit X - Highsnobiety Baby Birkin Article, #25 Exhibit Y - 2021-12-06 Yahoo Finance Rothschild Interview, #26 Exhibit Z - Image of MetaBirkins, #27 Exhibit AA - First MetaBirkin Tweet., #28 Exhibit AB - MetaBirkin Instagram Page As of 1-10-21, #29 Exhibit AC - MetaBirkin Instagram Post Re #NotYourMothersBirkin, #30 Exhibit AD - First MetaBirkin Instagram Post, #31 Exhibit AE - MetaBirkin Twitter Page., #32 Exhibit AF - MetaBirkin Website - Not Your Mother's Birkin Capture, #33 Exhibit AG - MetaBirkin Website - Not Your Mother's Birkin (Just Birkin) Capture, #34 Exhibit AH - MetaBirkins.com 2021-12-20 (With Disclaimer & Link to OpenSea), #35 Exhibit AI - Tweet Regarding Fake MetaBirkins, #36 Exhibit AJ - Confusion Re Physical Handbag, #37 Exhibit AK - Use of just BIRKIN Posts, #38 Exhibit AL - Google Elle Article Screenshot, #39 Exhibit AM - L'Officiel US Version Article., #40 Exhibit AN - NY Post - Experts Predict Living in the Metaverse by 2030 Article, #41 Exhibit AO - Rarible MetaBirkin Screenshots 2021-12-22, #42 Exhibit AP - MetaBirkin Website, #43 Exhibit AQ - Rarible Individual NFT Listing, #44 Exhibit AR - LooksRare Tweet, #45 Exhibit AS - Looksrare MetaBirkin Screenshot, #46 Exhibit AT - Zora MetaBirkin Screenshot, #47 Exhibit AU - MetaBirkins Website 2022-01-14, #48 Exhibit AV - Rothschild's Build a MetaBirkin Discord Post, #49 Exhibit AW - ILYYW MetaBirkins Instagram Post, #50 Exhibit AX - January 15 ILYYW Metabirkin Instagram Post, #51 Exhibit AY - Rothschild Twitter - #METABIRKINSGONNAMAKEIT, #52 Exhibit AZ - ILYYW Discord MetaBirkin Genesis, #53 Exhibit BA - Discord - Rothschild Messages to Followers About Rarible and Decentralized Exchange 2021-12-21).(Ferguson, Gerald)
February 23, 2022 Opinion or Order Filing 23 LETTER addressed to Judge Alison J. Nathan from Gerald J. Ferguson dated February 23, 2022 re: Filing an Amended Complaint. Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
February 18, 2022 Opinion or Order Filing 22 ORDER FOR ADMISSION PRO HAC VICE: granting #21 Motion for Mark Philip McKenna to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/18/2022) (ama)
February 15, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Mark Philip McKenna to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25729359. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
February 14, 2022 Opinion or Order Filing 21 MOTION for Mark Philip McKenna to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25729359. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mason Rothschild. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Proposed Order, #3 Affidavit Affidavit).(McKenna, Mark)
February 14, 2022 Opinion or Order Filing 20 ORDER granting #18 Motion for Deborah A. Wilcox to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
February 11, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Deborah A. Wilcox to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25713640. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 10, 2022 Opinion or Order Filing 19 ORDER: On February 9, 2022, Defendant filed a motion to dismiss. Pursuant to Rule 3.F. of this Court's Individual Practices in Civil Cases, on or before February 23, 2022, Plaintiffs must notify the Court and its adversary in writing whether (1) it intends to file an amended pleading and when it will do so or (2) it will rely on the pleading being attacked. Plaintiffs are on notice that declining to amend its pleadings to timely respond to a fully briefed argument in the Defendant's August 11 motion to dismiss may well constitute a waiver of the Plaintiffs' right to use the amendment process to cure any defects that have been made apparent by the Defendant's briefing. If Plaintiffs choose to amend, Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that they rely on the initially-filed motion to dismiss.Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. (Signed by Judge Alison J. Nathan on 2/10/2022) (ate)
February 10, 2022 Opinion or Order Filing 18 MOTION for Deborah A. Wilcox to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25713640. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Affidavit of Deborah A. Wilcox, #2 Ohio Certificate of Good Standing, #3 Text of Proposed Order).(Wilcox, Deborah)
February 9, 2022 Opinion or Order Filing 17 MEMORANDUM OF LAW in Support re: #16 MOTION to Dismiss . . Document filed by Mason Rothschild..(Millsaps, Rhett)
February 9, 2022 Opinion or Order Filing 16 MOTION to Dismiss . Document filed by Mason Rothschild. Responses due by 2/23/2022.(Millsaps, Rhett)
February 9, 2022 Opinion or Order Filing 15 NOTICE OF APPEARANCE by Christopher Jon Sprigman on behalf of Mason Rothschild..(Sprigman, Christopher)
February 9, 2022 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Rebecca Tushnet on behalf of Mason Rothschild..(Tushnet, Rebecca)
February 9, 2022 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Rhett Owen Millsaps, II on behalf of Mason Rothschild..(Millsaps, Rhett)
January 27, 2022 Opinion or Order Filing 12 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/27/2022) (vfr)
January 27, 2022 Opinion or Order Magistrate Judge Gabriel W. Gorenstein is so redesignated. (aea)
January 26, 2022 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Kevin M Wallace on behalf of Hermes International, Hermes of Paris, Inc...(Wallace, Kevin)
January 26, 2022 Opinion or Order Filing 10 NOTICE OF APPEARANCE by Oren J. Warshavsky on behalf of Hermes International, Hermes of Paris, Inc...(Warshavsky, Oren)
January 24, 2022 Opinion or Order Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint,,,,,,,,,. Mason Rothschild served on 1/20/2022, answer due 2/10/2022. Document filed by Hermes International; Hermes of Paris, Inc...(Ferguson, Gerald)
January 18, 2022 Opinion or Order Filing 8 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). (vf)
January 18, 2022 Opinion or Order Filing 7 ELECTRONIC SUMMONS ISSUED as to Mason Rothschild. (vf)
January 18, 2022 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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..(vf)
January 18, 2022 Opinion or Order Magistrate Judge Debra C. Freeman 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. (vf)
January 18, 2022 Opinion or Order Case Designated ECF. (vf)
January 14, 2022 Opinion or Order Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hermes International for Hermes of Paris, Inc.. Document filed by Hermes of Paris, Inc...(Ferguson, Gerald)
January 14, 2022 Opinion or Order Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hermes International..(Ferguson, Gerald)
January 14, 2022 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Mason Rothschild, re: #1 Complaint,,,,,,,,,. Document filed by Hermes International, Hermes of Paris, Inc...(Ferguson, Gerald)
January 14, 2022 Opinion or Order Filing 3 CIVIL COVER SHEET filed..(Ferguson, Gerald)
January 14, 2022 Opinion or Order Filing 2 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Ferguson, Gerald)
January 14, 2022 Opinion or Order Filing 1 COMPLAINT against Mason Rothschild. (Filing Fee $ 402.00, Receipt Number ANYSDC-25591379)Document filed by Hermes International, Hermes of Paris, Inc.. (Attachments: #1 Exhibit A - Hermes Word Marks, #2 Exhibit B - Image of Birkin, #3 Exhibit C - BIRKIN Certificate of Registration, #4 Exhibit D - BIRKIN Design Certificate of Registration, #5 Exhibit E - MetaBirkin OpenSea Page, #6 Exhibit F - CNN Article Re Birkin bags hit record prices even during COVID, #7 Exhibit G - Reuters Hermes Q2 2021 Sales, #8 Exhibit H - USA_HARPERSBAZAAR_Mighty Birkin, #9 Exhibit I - US Press, #10 Exhibit J - TV and Movies featuring the Birkin, #11 Exhibit K - Vanity Fair Article, #12 Exhibit L - Birkin Museum Exhibit, #13 Exhibit M - Times Article_Better Investment Than Gold, #14 Exhibit N - Judicial Decisions in English, #15 Exhibit O - Hermes Federally Registered Trademarks Chart, #16 Exhibit P - MetaBirkin Website on December 1 (No Disclaimer), #17 Exhibit Q - Image of Baby Birkin, #18 Exhibit R - Baby Birkin Basic Space Page, #19 Exhibit S - Image of MetaBirkins, #20 Exhibit T - MetaBirkin Website - Not Your Mother's Birkin Capture, #21 Exhibit U - MetaBirkin Website - Not Your Mother's Birkin (Just Birkin) Capture, #22 Exhibit V - MetaBirkins.com 2021-12-20 (With Disclaimer & Link to OpenSea), #23 Exhibit W - MetaBirkin Website, #24 Exhibit X - Rarible MetaBirkin Screenshots 2021-12-22, #25 Exhibit Y - Rarible Individual NFT Listing, #26 Exhibit Z - LooksRare Tweet, #27 Exhibit AA - Looksrare MetaBirkin Screenshot, #28 Exhibit AB - Zora MetaBirkin Screenshot, #29 Exhibit AC - MetaBirkins Website 2022-01-14, #30 Exhibit AD - Rothschild's Build a MetaBirkin Discord Post, #31 Exhibit AE - MetaBirkin Instagram Page As of 1-10-21, #32 Exhibit AF - MetaBirkin Instagram Post Re #NotYourMothersBirkin, #33 Exhibit AG - MetaBirkin Twitter Page, #34 Exhibit AH - Discord - Rothschild Messages to Followers About Rarible and Decentralized Exchange 2021-12-21, #35 Exhibit AI - Highsnobiety Baby Birkin Article, #36 Exhibit AJ - 2021-12-06 Yahoo Finance Rothschild Interview, #37 Exhibit AK - Letter to Rothschild_2021-12-16, #38 Exhibit AL - 2021-12-16 Email to OpenSea Re Rothschild, #39 Exhibit AM - Tweet Regarding Fake MetaBirkins).(Ferguson, Gerald)

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Search for this case: Hermes International et al v. Rothschild
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Plaintiff: Hermes International
Represented By: Gerald Joseph Ferguson
Represented By: Kevin M Wallace
Represented By: Oren J. Warshavsky
Represented By: Deborah A. Wilcox
Represented By: Lisa Bollinger Gehman
Represented By: Megan Corrigan
Represented By: Jason S. Oliver
Represented By: Jessica H. Fernandez
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Plaintiff: Hermes of Paris, Inc.
Represented By: Gerald Joseph Ferguson
Represented By: Kevin M Wallace
Represented By: Oren J. Warshavsky
Represented By: Deborah A. Wilcox
Represented By: Lisa Bollinger Gehman
Represented By: Megan Corrigan
Represented By: Jason S. Oliver
Represented By: Jessica H. Fernandez
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Defendant: Mason Rothschild
Represented By: Christopher Jon Sprigman
Represented By: Rhett Owen Millsaps, II
Represented By: Mark P McKenna
Represented By: Rebecca Tushnet
Represented By: Jonathan Andrew Harris
Represented By: Ashley N Robinson
Represented By: Adam B. Oppenheim
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