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 November 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
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 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 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 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
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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
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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
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