Nespresso USA, Inc. v. Peet's Coffee, Inc.
| Nespresso USA, Inc. |
| Peet's Coffee, Inc. |
| 1:2022cv02209 |
| March 17, 2022 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 28, 2023. A more recent docket listing may be available from PACER.
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Filing 31
NOTICE of Hearing: Settlement Conference set for 6/15/2022 at 9:30 AM before Magistrate Judge Robert W. Lehrburger. This conference will be conducted via Microsoft Teams. A link will be emailed to the parties one week prior to the conference. The parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than June 8, 2022, by 5:00 p.m.(rsh)
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Filing 30
NOTICE of Hearing: Pre-Settlement Telephone Conference set for 5/24/2022 at 9:30 AM before Magistrate Judge Robert W. Lehrburger. The parties are instructed to review and adhere to Judge Lehrburger's Individual Practices and Settlement Conference Procedures. The parties shall call the teleconference line at (888)-398-2342 and enter access code: 9543348.(rsh)
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Filing 29
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. (Signed by Judge Colleen McMahon on 5/11/2022) (vfr)
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Filing 28
JOINT LETTER addressed to Judge Colleen McMahon from A. John P. Mancini dated May 11, 2022 re: Referral for Settlement Conference. Document filed by Nespresso USA, Inc...(Mancini, A.)
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Filing 27
NOTICE of Request for Judicial Notice in Support of Peet's Coffee, Inc.'s Partial Motion to Dismiss and Motion to Strike re: #24 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B) And. MOTION to Strike Pursuant to Fed. R. Civ. P. 12(F).. Document filed by Peet's Coffee, Inc...(Feirman, Jordan)
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Filing 26
DECLARATION of Jordan A. Feirman in Support re: #24 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B) And. MOTION to Strike Pursuant to Fed. R. Civ. P. 12(F).. Document filed by Peet's Coffee, Inc.. (Attachments: #1 Exhibit 1 USPTO status for TM App. Serial No. 88/215,860, #2 Exhibit 2 Socit des Produits Nestl S.A.s 4/26/22 filing in USPTO TM Opp. No. 91265038, #3 Exhibit 3 Docket for USPTO TM Opp. No. 91196703, #4 Exhibit 4 Docket for USPTO TM Opp. No. 91235641, #5 Exhibit 5 Docket for USPTO TM Opp. No. 91237499, #6 Exhibit 6 Docket for USPTO TM Opp. No. 91241429, #7 Exhibit 7 Notice of Opposition in USPTO TM Opp. No. 91241429, #8 Exhibit 8 Docket for USPTO TM Opp. No. 91255262, #9 Exhibit 9 Notice of Opposition in USPTO TM Opp. No. 91255262, #10 Exhibit 10 Docket for USPTO TM Opp. No. 91241708, #11 Exhibit 11 Notice of Opposition in USPTO TM Opp. No. 91241708, #12 Exhibit 12 Excerpts of 5/6/14 Compl. in Nespresso USA, Inc. v. HiLine Coffee Co., Inc., No. 1:14-cv-03292 (S.D.N.Y.), #13 Exhibit 13 Excerpts of 7/16/15 Compl. in Nespresso USA, Inc. v. Africa America Coffee Co. LLC d/b/a Libretto, No. 1:15-cv-05553 (S.D.N.Y.), #14 Exhibit 14 Excerpts of 5/9/19 Compl. in Nespresso USA, Inc. v. Williams- Sonoma Inc., No. 1:19-cv-04223 (S.D.N.Y.), #15 Exhibit 15 Excerpts of 12/23/19 Am. Compl. in Nespresso USA, Inc. v. Williams-Sonoma Inc., No. 1:19-cv-04223 (S.D.N.Y.), #16 Exhibit 16 11/8/18 letter from Peets counsel to Nespressos counsel, #17 Exhibit 17 11/28/18 from Nespressos counsel to Peets counsel, #18 Exhibit 18 12/21/18 letter from Peets counsel to Nespressos counsel).(Feirman, Jordan)
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Filing 25
MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B) And. MOTION to Strike Pursuant to Fed. R. Civ. P. 12(F). . Document filed by Peet's Coffee, Inc...(Feirman, Jordan)
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Filing 24
MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(B) And., MOTION to Strike Pursuant to Fed. R. Civ. P. 12(F). Document filed by Peet's Coffee, Inc...(Feirman, Jordan)
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Filing 23
MEMO ENDORSEMENT on re: #21 JOINT LETTER MOTION for Extension of Time (Joint Request for Entry of Proposed Briefing Schedule in Connection with Peet's Anticipated Motion to Dismiss, Acceptance of Proposed Civil Case Management Plan as an Order of the Court, to Stay Disco filed by Nespresso USA, Inc.. ENDORSEMENT: You have 60 days to see if you can resolve this matter, using the good offices of Judge Lehrburger. Everything except the motion to dismiss (which can proceed on your proposed schedule) is stayed until June 24, 2022. SO ORDERED. (Signed by Judge Colleen McMahon on 4/22/2022) (kv)
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Filing 22
CIVIL CASE MANAGEMENT PLAN granting #21 Letter Motion for Extension of Time. This case is to be tried to a jury. (Signed by Judge Colleen McMahon on 4/22/2022) (kv) Modified on 5/2/2022 (kv).
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Set/Reset Deadlines: Motions due by 5/6/2022. Pretrial Order due by 7/28/2022. Responses due by 6/10/2022 Replies due by 6/28/2022. (kv)
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Filing 21
JOINT LETTER MOTION for Extension of Time (Joint Request for Entry of Proposed Briefing Schedule in Connection with Peet's Anticipated Motion to Dismiss, Acceptance of Proposed Civil Case Management Plan as an Order of the Court, to Stay Discovery Pending Disposition of Motion to Dismiss, and to Direct the Parties to Conduct an Early Settlement Conference) addressed to Judge Colleen McMahon from A. John P. Mancini dated April 21, 2022. Document filed by Nespresso USA, Inc.. (Attachments: #1 Proposed Civil Case Management Plan, #2 Exhibit 1 to Proposed Civil Case Management Plan).(Mancini, A.)
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Filing 20
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent JDE Peet's N.V., Other Affiliate Peet's Coffee & Tea Holdco, Inc. for Peet's Coffee, Inc.. Document filed by Peet's Coffee, Inc...(Feirman, Jordan)
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time. Extension granted.. (Signed by Judge Colleen McMahon on 4/4/2022) (kv)
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Filing 18
LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Jordan A. Feirman dated April 4, 2022. Document filed by Peet's Coffee, Inc...(Feirman, Jordan)
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Filing 17
NOTICE OF APPEARANCE by Anthony Peter Biondo on behalf of Peet's Coffee, Inc...(Biondo, Anthony)
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Filing 16
NOTICE OF APPEARANCE by David Michael Lamb on behalf of Peet's Coffee, Inc...(Lamb, David)
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Filing 15
NOTICE OF APPEARANCE by Jordan Adam Feirman on behalf of Peet's Coffee, Inc...(Feirman, Jordan)
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Filing 14
NOTICE OF APPEARANCE by Douglas R. Nemec on behalf of Peet's Coffee, Inc...(Nemec, Douglas)
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Filing 13
ORDER FOR ADMISSION PRO HAC VICE granting #11 Motion for Kristine Marie Young to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Colleen McMahon on 4/4/2022) (kv)
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Set/Reset Deadlines: Peet's Coffee, Inc. answer due 5/6/2022. (kv)
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Filing 12
AFFIDAVIT OF SERVICE of Summons and Complaint,. Nespresso USA, Inc. served on 3/25/2022, answer due 4/15/2022. Service was accepted by Jorge C - CSR. Document filed by Nespresso USA, Inc...(Mancini, A.)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Kristine Marie Young to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25922804. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 11
MOTION for Kristine Marie Young to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25922804. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nespresso USA, Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Young, Kristine)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Peet's Coffee, Inc.. (sj)
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Filing 9
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: If a conforming case management plan is submitted at least two business days prior to the scheduled initial conference and subsequently approved by the Court, the initial conference will be canceled automatically. If a motion has been filed either before or after the case management plan is approved, and the parties desire a conference, a letter must be submitted to the Court via fax specifically asking that the initial conference not be canceled. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must participate in a telephone conference on 6/30/2022 at 10:00 a.m. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. Initial Conference set for 6/30/2022 at 10:00 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 3/22/2022) (ate)
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Filing 8
NOTICE OF APPEARANCE by Daniel Michael Rosales, Jr on behalf of Nespresso USA, Inc...(Rosales, Daniel)
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Filing 7
NOTICE OF APPEARANCE by Jonathan Webster Thomas on behalf of Nespresso USA, Inc...(Thomas, Jonathan)
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Filing 6
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)..(sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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..(sj)
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Case Designated ECF. (sj)
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Magistrate Judge Robert W. Lehrburger 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. (sj)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT TRADEMARK FORM. Notice to Attorney A. John P. Mancini re: Document No. #5 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the Docket Number field and Date Filed field on the AO 120 Patent/Trademark form was not completed by the attorney. Do not re-file the form. The Court has corrected the deficiency/deficiencies. (sj)
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Filing 5
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Mancini, A.)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Peet's Coffee, Inc., re: #1 Complaint,. Document filed by Nespresso USA, Inc...(Mancini, A.)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Nestle Holdings, Inc., Other Affiliate Nestle S.A. for Nespresso USA, Inc.. Document filed by Nespresso USA, Inc...(Mancini, A.)
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Filing 2
CIVIL COVER SHEET filed..(Mancini, A.)
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Filing 1
COMPLAINT against Peet's Coffee, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25877519)Document filed by Nespresso USA, Inc.. (Attachments: #1 Exhibit 1 - Nespresso Registrations, #2 Exhibit 2 - Peet's.com Jan 2019 Website, #3 Exhibit 3 - Peet's 2018 Product Packaging, #4 Exhibit 4 - October 19, 2018 demand letter, #5 Exhibit 5 - Peet's Ristretto Page Vault Website Page, #6 Exhibit 6 - Peet's Page Vault Capsule Sampler Website).(Mancini, A.)
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