Rhode-NYC, LLC v. Rhodedeodato Corp. et al
| Rhode-NYC, LLC |
| Rhodedeodato Corp., Hailey Bieber, HRBeauty LLC and HRBeauty LLC doing business as Rhode |
| 1:2022cv05185 |
| June 21, 2022 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Lorna G Schofield |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 5, 2024. A more recent docket listing may be available from PACER.
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| NOTICE OF CASE REASSIGNMENT to Judge Alvin K. Hellerstein. Judge Lorna G. Schofield is no longer assigned to the case. (aea) |
| Filing 69 NOTICE OF APPEARANCE by Megan Kathleen Bannigan on behalf of Rhode-NYC, LLC..(Bannigan, Megan) |
Filing 68
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Settlement discussions have taken place. If you have identified types of experts in question 9(a), all expert discovery shall be completed no later than February 3, 2022. This case is to be tried to a jury. On February 22, 2022 at 4:10 p.m., a pre-motion conference will be held for any anticipated dispositive motions, provided. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. SO ORDERED. Amended Pleadings due by 9/30/2022. Joinder of Parties due by 9/30/2022. Deposition due by 12/22/2022. Fact Discovery due by 12/22/2022. Estimate length of trial 5 days. (Signed by Judge Lorna G. Schofield on 8/18/2022) (tg)
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Filing 67
ORDER: It is hereby ORDERED that the August 24, 2022, initial pretrial conference is CANCELED. If the parties believe that a conference would nevertheless be useful, they should inform the Court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendants seek to file a motion to dismiss, Defendants shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 8/18/2022) (tg)
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| Filing 66 PROPOSED SCHEDULING ORDER. Document filed by Rhode-NYC, LLC..(Simpson, Lisa) |
| Filing 65 JOINT LETTER addressed to Judge Lorna G. Schofield from Lisa T. Simpson dated August 17, 2022 re: Court Order Dated July 11, 2022. Document filed by Rhode-NYC, LLC..(Simpson, Lisa) |
| Filing 64 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/22/2022 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) |
| Filing 63 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/22/2022 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Pamela Utter, (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 8/30/2022. Redacted Transcript Deadline set for 9/9/2022. Release of Transcript Restriction set for 11/7/2022..(McGuirk, Kelly) |
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Filing 62
ORDER granting #36 Letter Motion to Seal. Application GRANTED. Defendants' sealing application is granted for substantially the reasons stated in Defendants' July 13, 2022, letter. The materials at Dkt. Nos. 38 and 41 shall remain under seal with access limited to the parties listed in the Appendix of this Order. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 36. (Signed by Judge Lorna G. Schofield on 8/8/2022) (mml)
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Filing 61
ORDER granting in part and denying in part #60 Letter Motion for Extension of Time. Application GRANTED in part. Defendants' time to answer or otherwise respond to the complaint is extended to September 12, 2022. The initial conference scheduled for August 24, 2022, will proceed as scheduled. By August 17, 2022, the parties shall file a joint letter and proposed case management plan. (See Dkt. No. 35.). (Signed by Judge Lorna G. Schofield on 8/4/2022) (tg)
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| Set/Reset Deadlines: Hailey Bieber answer due 9/12/2022; HRBeauty LLC answer due 9/12/2022; Rhodedeodato Corp. answer due 9/12/2022. (tg) |
| Filing 60 LETTER MOTION for Extension of Time / Joint Request for Extension of Time for Pending Deadlines addressed to Judge Lorna G. Schofield from Brendan J. Hughes dated August 3, 2022. Document filed by Hailey Bieber, HRBeauty LLC, Rhodedeodato Corp...(Hughes, Brendan) |
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Filing 59
ORDER granting #34 Motion for Rebecca Givner-Forbes to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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| Filing 58 MEMO ENDORSEMENT on re: #51 Letter, filed by Hailey Bieber, HRBeauty LLC, Rhodedeodato Corp. ENDORSEMENT: Application DENIED as moot. (Signed by Judge Lorna G. Schofield on 7/22/2022) (mml) |
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Filing 57
ORDER: It is hereby ORDERED that, having viewed the documentary, Plaintiff's motion for a preliminary injunction is DENIED without prejudice for the reasons stated at the conference. (Signed by Judge Lorna G. Schofield on 7/22/2022) (mml)
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Filing 56
ORDER granting #55 Letter Motion for Conference re: #55 EMERGENCY LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Lisa T. Simpson dated 7/22/2022. It is hereby ORDERED that the parties shall appear for a conference on July 22, 2022, at 1:00 p.m. The conference will be telephonic and will occur on the following conference line: 888-363-4749, access code: 5583333. The time of the conference is approximate, but the parties shall be prepared to begin at the scheduled time. Telephone Conference set for 7/22/2022 at 01:00 PM before Judge Lorna G. Schofield.. (Signed by Judge Lorna G. Schofield on 7/22/2022) (kv)
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| Filing 55 EMERGENCY LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Lisa T. Simpson dated 7/22/2022. Document filed by Rhode-NYC, LLC..(Simpson, Lisa) |
| Minute Entry for proceedings held before Judge Lorna G. Schofield: Oral Argument re #21 ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION held on 07/21/2022. (Court Reporter Present) (jcs) |
| NOTICE REGARDING July 21, 2022 HEARING: Members of the press and public may dial into this conference using Conference Call In Number: (888) 363-4749; and Access Code: 558-3333.(jcs) |
| Filing 54 NOTICE OF APPEARANCE by Rochelle Frieda Swartz on behalf of Rhode-NYC, LLC..(Swartz, Rochelle) |
| Filing 53 NOTICE OF APPEARANCE by Christopher Cariello on behalf of Rhode-NYC, LLC..(Cariello, Christopher) |
| Filing 52 LETTER addressed to Judge Lorna G. Schofield from Lisa T. Simpson dated 7/19/2022 re: Response to Defendants' 7/18 Letter. Document filed by Rhode-NYC, LLC..(Simpson, Lisa) |
| Filing 51 LETTER addressed to Judge Lorna G. Schofield from Brendan J. Hughes dated July 18, 2022 re: Defendants' request for leave to strike portions of three additional declarations. Document filed by Hailey Bieber, HRBeauty LLC, Rhodedeodato Corp...(Hughes, Brendan) |
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Filing 50
ORDER granting #49 Letter Motion for Leave to File Document. Application GRANTED. Plaintiff may exceed the exhibit limitation to the extent requested in this letter. (Signed by Judge Lorna G. Schofield on 7/18/2022) (mml)
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| Filing 49 LETTER MOTION for Leave to File Excess Exhibits in Support of Order to Show Cause for Preliminary Injunction addressed to Judge Lorna G. Schofield from Lisa T. Simpson dated July 15, 2022. Document filed by Rhode-NYC, LLC..(Simpson, Lisa) |
| Filing 48 DECLARATION of PHOEBE VICKERS in Support re: #6 Proposed Order to Show Cause Without Emergency Relief . Document filed by Rhode-NYC, LLC. (Attachments: #1 Exhibit 1 - Instagram Post, #2 Exhibit 2 - Instagram Message, #3 Exhibit 3 - Packaging, #4 Exhibit 4 - Website, #5 Exhibit 5 - Instagram Post, #6 Exhibit 6 - Instagram Post, #7 Exhibit 7 - Instagram Post, #8 Exhibit 8 - Instagram Comments, #9 Exhibit 9 - Instagram Messages).(Simpson, Lisa) |
| Filing 47 DECLARATION of COLLEEN COLLINS in Support re: #6 Proposed Order to Show Cause Without Emergency Relief . Document filed by Rhode-NYC, LLC. (Attachments: #1 Exhibit 1 - Klarna, #2 Exhibit 2 - Customer Care 1, #3 Exhibit 3 - Customer Care 2, #4 Exhibit 4 - Customer Care 3, #5 Exhibit 5 - Job Inquiry).(Simpson, Lisa) |
| Filing 46 DECLARATION of PURNA KHATAU re: #6 Proposed Order to Show Cause Without Emergency Relief . Document filed by Rhode-NYC, LLC. (Attachments: #1 Exhibit 1 - Goop Website, #2 Exhibit 2 - Instagram Post, #3 Exhibit 3 - Email, #4 Exhibit 4 - Email, #5 Exhibit 5 - Instagram Comments, #6 Exhibit 6 - Instagram Messages, #7 Exhibit 7 - Instagram Comments 2, #8 Exhibit 8 - Instagram Comment).(Simpson, Lisa) |
| Filing 45 REPLY re: #6 Proposed Order to Show Cause Without Emergency Relief . Document filed by Rhode-NYC, LLC..(Simpson, Lisa) |
| Filing 44 Objection re: #9 Declaration in Support,,,,,, / Evidentiary Objections to Declaration of Purna Khatau (Dkt. 9) and Selected Exhibits Thereto. Document filed by Hailey Bieber, HRBeauty LLC, Rhodedeodato Corp...(Rhodes, Michael) |
| Filing 43 Objection re: #8 Declaration in Support,, / Evidentiary Objections to Declaration of Phoebe Vickers (Dkt. 8) and Selected Exhibits Thereto. Document filed by Hailey Bieber, HRBeauty LLC, Rhodedeodato Corp...(Rhodes, Michael) |
| Filing 42 DECLARATION of Kayla Blaker in Opposition re: #6 Proposed Order to Show Cause Without Emergency Relief. Document filed by Hailey Bieber, HRBeauty LLC, Rhodedeodato Corp.. (Attachments: #1 Exhibit 1 - Rhode Skin - Home, #2 Exhibit 2 - Rhode Skin - Products, #3 Exhibit 3 - Rhode Skin - Collections, #4 Exhibit 4 - Instagram - @rhode, #5 Exhibit 5 - Shop Rhode - Home, #6 Exhibit 6 - Shop Rhode - Collections, #7 Exhibit 7 - Instagram - @shoprhode, #8 Exhibit 8 - Instagram - @shoprhode - Posts 1, #9 Exhibit 9 - Instagram - @shoprhode - Posts 2, #10 Exhibit 10 - Instagram - @shoprhode - Posts 3, #11 Exhibit 11 - Instagram - @shoprhode - Posts 4, #12 Exhibit 12 - Instagram - @shoprhode - InStyle Post, #13 Exhibit 13 - Rhode Resort Products - Farfetch, #14 Exhibit 14 - Rhode Resort Products - Hampden, #15 Exhibit 15 - Fashionista Article - Rhode Resort, #16 Exhibit 16 - Rhode Resort Products - Shopstyle, #17 Exhibit 17 - Rhode Resort Products - Tuckernuck, #18 Exhibit 18 - Rhode Resort Products - Shopbop, #19 Exhibit 19 - Instagram - @shoprhode - Lawsuit Post, #20 Exhibit 20 - TSDR - RHODE RESORT (No. 4,540,333, #21 Exhibit 21 - RHODE (Ser. No. 88/788,199) Office Action, #22 Exhibit 22 - RHODE (Ser. No. 88/788,199) Notice of Publication, #23 Exhibit 23 - RHODE (Ser. No. 88/788,199) Notice of Allowance, #24 Exhibit 24 - Instagram - Dated Third-Party Mentions of @rhode, #25 Exhibit 25 - Dictionary Definitions of Rhode, #26 Exhibit 26 - Third-Party Use - Rhodes, #27 Exhibit 27 - Third-Party Use - Rhodes Shoes, #28 Exhibit 28 - Third-Party Use - Rodes, #29 Exhibit 29 - Third-Party Use - Rohde Shoes, #30 Exhibit 30 - Third-Party Use - Pure Rhodes Beauty, #31 Exhibit 31 - Third-Party Use - Ben Rhodes, #32 Exhibit 32 - Third-Party Use - Cody Rhodes, #33 Exhibit 33 - Third-Party Use - Trumbull Rhodes, #34 Exhibit 34 - Third-Party Use - Zandra Rhodes, #35 Exhibit 35 - Third-Party Use - Rhodes 5 & 10, #36 Exhibit 36 - Third-Party Use - Rhodes Beckett, #37 Exhibit 37 - Third-Party Use - Rhode Runner, #38 Exhibit 38 - Third-Party Use - Glossrhode Skin, #39 Exhibit 39 - Third-Party Use - Rhodevision, #40 Exhibit 40 - Third-Party Use - Rhode Couture, #41 Exhibit 41 - Third-Party Use - Dillards French Connection Rhodes, #42 Exhibit 42 - Third-Party Use - Saks Ferragamo Rhodes Shoes, #43 Exhibit 43 - Third-Party Use - Saks Simkhai Rhodes Blouse, #44 Exhibit 44 - Third-Party Use - Neiman Goya Rhode Dress, #45 Exhibit 45 - Third-Party Use - Neiman Burberry Rhode Jacket, #46 Exhibit 46 - Third-Party Use - Macys Kenneth Cole Rhode Boots, #47 Exhibit 47 - Third-Party Use - Macys French Connection Rhodes Dress, #48 Exhibit 48 - Third-Party Use - Nordstrom Rails Rhodes Jacket, #49 Exhibit 49 - Third-Party Use - Nordstrom ALC Rhodes Dress, #50 Exhibit 50 - Third-Party Use - Nordstrom Rhodes Skirt, #51 Exhibit 51 - Third-Party Use - Free People Rhodes Boots, #52 Exhibit 52 - Third-Party Use - Urban Outfitters Rhodes Top, #53 Exhibit 53 - Third-Party Use - Madewell Rhodes Skirt, #54 Exhibit 54 - Coexistence - Aeron and Aerin, #55 Exhibit 55 - Coexistence - AG and AG, #56 Exhibit 56 - Coexistence - Bardot and Bardot, #57 Exhibit 57 - Coexistence - Becca and Becca, #58 Exhibit 58 - Coexistence - Carters and Carter, #59 Exhibit 59 - Coexistence - Crocs and Croc, #60 Exhibit 60 - Coexistence - Dolce Vita and Dolce Vita, #61 Exhibit 61 - Coexistence - ELF and E.L.F, #62 Exhibit 62 - Coexistence - Hunter and Hunter, #63 Exhibit 63 - Coexistence - Kai and Kai, #64 Exhibit 64 - Coexistence - Keen and Keen, #65 Exhibit 65 - Coexistence - Merit and Merit, #66 Exhibit 66 - Coexistence - Mille and Millie, #67 Exhibit 67 - Coexistence - Morgan & Co. and Morgan, #68 Exhibit 68 - Coexistence - Native and Native, #69 Exhibit 69 - Coexistence - Parfait and La Parfait, #70 Exhibit 70 - Coexistence - Philosophy and Philosophy, #71 Exhibit 71 - Coexistence - Les Reveries and Reveries, #72 Exhibit 72 - Coexistence - Sisley and Sisley, #73 Exhibit 73 - Coexistence - Tart and Tarte, #74 Exhibit 74 - Coexistence - Think and Think, #75 Exhibit 75 - Collaboration - Levi x Lego, #76 Exhibit 76 - Collaboration - Nike x Ben & Jerry, #77 Exhibit 77 - Collaboration - Dolce Gabbana x Smeg, #78 Exhibit 78 - Neiman Marcus Brands Directory, #79 Exhibit 79 - Instagram Mistagging - @shopakira / @akira, #80 Exhibit 80 - Instagram Mistagging - @shop6thstreet / @6thStReet, #81 Exhibit 81 - Instagram Mistagging - @shopcider / @cider, #82 Exhibit 82 - Instagram - @melatidejong and @foodby_melatiindahdejong, #83 Exhibit 83 - Google Search - Rhode Clothing, #84 Exhibit 84 - RHODE (Ser. No. 88/788,199) Response to Office Action, #85 Exhibit 85 - Rhode Resort - Archived Homepage (Nov. 20, 2018), #86 Exhibit 86 - RHODE (Reg. No. 5,286,239) Specimen of Use, #87 Exhibit 87 - Additional RHODE RESORT Products).(Rhodes, Michael) |
| Filing 41 ***SELECTED PARTIES***DECLARATION of Claudia Allwood in Opposition re: #6 Proposed Order to Show Cause Without Emergency Relief. Document filed by HRBeauty LLC, Hailey Bieber, Rhodedeodato Corp., Rhode-NYC, LLC. Motion or Order to File Under Seal: #36 .(Rhodes, Michael) |
| Filing 40 DECLARATION of Claudia Allwood in Opposition re: #6 Proposed Order to Show Cause Without Emergency Relief. Document filed by Hailey Bieber, HRBeauty LLC, Rhodedeodato Corp...(Rhodes, Michael) |
| Filing 39 DECLARATION of Hailey Rhode Bieber in Opposition re: #6 Proposed Order to Show Cause Without Emergency Relief. Document filed by Hailey Bieber, HRBeauty LLC, Rhodedeodato Corp...(Rhodes, Michael) |
| Filing 38 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #6 Proposed Order to Show Cause Without Emergency Relief . Document filed by HRBeauty LLC, Hailey Bieber, Rhodedeodato Corp., Rhode-NYC, LLC. Motion or Order to File Under Seal: #36 .(Rhodes, Michael) |
| Filing 37 MEMORANDUM OF LAW in Opposition re: #6 Proposed Order to Show Cause Without Emergency Relief . Document filed by Hailey Bieber, HRBeauty LLC, Rhodedeodato Corp...(Rhodes, Michael) |
| Filing 36 LETTER MOTION to Seal / Redact Portions of Defendants' Memorandum of Law in Opposition and the Declaration of Claudia Allwood. addressed to Judge Lorna G. Schofield from Michael G. Rhodes dated July 13, 2022. Document filed by Hailey Bieber, HRBeauty LLC, Rhodedeodato Corp...(Rhodes, Michael) |
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Filing 35
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on August 24, 2022 at 4:10 p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. DATE AND TIME OF TELEPHONIC CONFERENCE: at August 24, 2022 at 4:10 p.m. IPTC MATERIALS DUE: August 17, 2022 at noon. Initial Conference set for 8/24/2022 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/11/2022) (kv)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for Rebecca Givner-Forbes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26387556. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 34 MOTION for Rebecca Givner-Forbes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26387556. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hailey Bieber, HRBeauty LLC, Rhodedeodato Corp.. (Attachments: #1 Affidavit Declaration of Rebecca Givner-Forbes, #2 Exhibit Certificate of Good Standing - Virginia, #3 Exhibit Certificate of Good Standing - DC, #4 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Givner-Forbes, Rebecca) |
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Filing 33
ORDER granting #31 Motion for Brendan Hughes to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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Filing 32
ORDER granting #30 Motion for Michael Rhodes to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Brendan Hughes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26367796. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Michael Rhodes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26367573. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 31 MOTION for Brendan Hughes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26367796. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hailey Bieber, HRBeauty LLC, Rhodedeodato Corp.. (Attachments: #1 Affidavit Declaration of Brendan Hughes, #2 Exhibit A - Certificate of Good Standing - Maryland, #3 Exhibit B - Certificate of Good Standing - DC, #4 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Hughes, Brendan) |
| Filing 30 MOTION for Michael Rhodes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26367573. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hailey Bieber, HRBeauty LLC, Rhodedeodato Corp.. (Attachments: #1 Affidavit Declaration of Michael Rhodes, #2 Exhibit A - Certificate of Good Standing - California, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Rhodes, Michael) |
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Filing 29
ORDER granting #25 Letter Motion for Extension of Time. Application GRANTED. The show cause hearing scheduled for July 14, 2022, is ADJOURNED to July 21, 2022, at 10:00 a.m. The conference will take place via Zoom on a link to be provided by the Court. Members of the press and public may dial-in to the Conference on the following line: 888-363-4749, access code: 5583333. By July 13, 2022, Defendants shall file any opposition to Plaintiff's motion for a preliminary injunction. By July 15, 2022, Plaintiff shall file any reply. Defendants' requests to exceed the page limit by up to eleven pages for its opposition and to exceed the ten-page limit for declarations by up to five pages are granted. Defendants may also file an unlimited number of exhibits so long as the total length of those exhibits do not exceed the length of Plaintiff's exhibits. By August 12, 2022, Defendants shall answer or otherwise respond to the complaint. (Signed by Judge Lorna G. Schofield on 6/30/2022) (mml)
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| Set/Reset Deadlines: Hailey Bieber answer due 8/12/2022; HRBeauty LLC answer due 8/12/2022; Rhodedeodato Corp. answer due 8/12/2022.( Responses due by 7/13/2022, Replies due by 7/15/2022.) Set/Reset Hearings: (Telephone Conference set for 7/21/2022 at 10:00 AM before Judge Lorna G. Schofield.) (mml) |
| Filing 28 CERTIFICATE OF SERVICE of Order to Show Cause for Preliminary Injunction and all supporting documents served on Haley Bieber, Rhodedeodato Corp. and HRBeauty, LLC on 6/27/2022. Service was accepted by Brendan Hughes, counsel for Defendants. Service was made by electronic transmission. Document filed by Rhode-NYC, LLC..(Simpson, Lisa) |
| Filing 27 CERTIFICATE OF SERVICE of Summons and Complaint,. Hailey Bieber served on 6/27/2022, answer due 7/18/2022. Service was accepted by Brendan Hughes, counsel for Defendants. Service was made by electronic transmission. Document filed by Rhode-NYC, LLC..(Simpson, Lisa) |
| Filing 26 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Lisa T. Simpson dated 6/29/2022 re: #25 LETTER MOTION for Extension of Time of briefing deadlines and hearing date addressed to Judge Lorna G. Schofield from Joseph M. Drayton dated 6/29/2022. . Document filed by Rhode-NYC, LLC..(Simpson, Lisa) |
| Filing 25 LETTER MOTION for Extension of Time of briefing deadlines and hearing date addressed to Judge Lorna G. Schofield from Joseph M. Drayton dated 6/29/2022. Document filed by Hailey Bieber, HRBeauty LLC, Rhodedeodato Corp...(Drayton, Joseph) |
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Filing 24
ORDER granting #18 Letter Motion for Leave to File Excess Pages. Application GRANTED. (Signed by Judge Lorna G. Schofield on 6/28/2022) (mml)
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| Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hailey Bieber, HRBeauty LLC, Rhodedeodato Corp...(Drayton, Joseph) |
| Filing 22 NOTICE OF APPEARANCE by Joseph Michael Drayton on behalf of Hailey Bieber, HRBeauty LLC, Rhodedeodato Corp...(Drayton, Joseph) |
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Filing 21
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION: NOW, THEREFORE, IT IS HEREBY ORDERED that Defendants Rhodedeodato Corp., HRBeauty, LLC d/b/a Rhode, and Hailey Bieber ("Defendants"), appear before this Court, on July 14, 2022, at the hour of 3:00 p.m., via Zoom, at a link to be provided by the Court, then and there to show cause, if any it has,why a preliminary injunction pursuant to Federal Rule of Civil Procedure 65 should not be issued enjoining and restraining Defendants and their subsidiaries, parent(s), related companies, officers, agents, servants, employees, warehousemen, warehousers, distributors, attorneys, successors and assignees, and all persons in active concert or participation with any of themfrom: As further set forth by this Order. IT IS FURTHER ORDERED that service of a copy of this Order, together with copies of the papers upon which it is granted, on the Defendants on or before 5:00 p.m. on June 27, 2022, shall be deemed good and sufficient service hereof. Answering papers, if any, are to be filed on ECF on July 6, 2022. A reply, if any, is to be filed on ECF on July 8, 2022. Show Cause Hearing set for 7/14/2022 at 03:00 PM before Judge Lorna G. Schofield. Show Cause Response due by 7/6/2022. (Signed by Judge Lorna G. Schofield on 6/24/2022) (tg)
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| Filing 20 AFFIDAVIT OF SERVICE of Summons and Complaint,. HRBeauty LLC served on 6/23/2022, answer due 7/14/2022. Service was accepted by Teresa Granderson, Managing Agent. Document filed by Rhode-NYC, LLC..(Simpson, Lisa) |
| Filing 19 AFFIDAVIT OF SERVICE of Summons and Complaint,. Rhodedeodato Corp. served on 6/23/2022, answer due 7/14/2022. Service was accepted by Jenny Hughes, Managing Agent. Document filed by Rhode-NYC, LLC..(Simpson, Lisa) |
| Filing 18 LETTER MOTION for Leave to File Excess Pages and Excess Exhibits in Support of Order to Show Cause for Preliminary Injunction addressed to Judge Lorna G. Schofield from Lisa T. Simpson dated June 23, 2022. Document filed by Rhode-NYC, LLC..(Simpson, Lisa) |
| Filing 17 MEMORANDUM OF LAW in Support re: #6 Proposed Order to Show Cause Without Emergency Relief (Corrected Memorandum of Law). Document filed by Rhode-NYC, LLC..(Simpson, Lisa) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Rhode Holding Corp., Corporate Parent Silk International Ltd, Corporate Parent Shiva Foundation for Rhode-NYC, LLC. Document filed by Rhode-NYC, LLC..(Simpson, Lisa) |
| Filing 15 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) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Hailey Bieber. (vf) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to HRBeauty LLC. (vf) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Rhodedeodato Corp.. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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) |
| Magistrate Judge Sarah L. Cave 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lisa T. Simpson. The party information for the following party/parties has been modified: HRBeauty LLC. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (vf) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #6 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| Case Designated ECF. (vf) |
| Filing 11 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Simpson, Lisa) |
| Filing 10 MOTION for Leave to File Excess Pages re Memorandum of Law in Support of Request for Preliminary Injunction. Document filed by Rhode-NYC, LLC..(Simpson, Lisa) |
| Filing 9 DECLARATION of Purna Khatau in Support re: #6 Proposed Order to Show Cause Without Emergency Relief. Document filed by Rhode-NYC, LLC. (Attachments: #1 Exhibit 1 - WhoWhatWear, #2 Exhibit 2 - Bloomingdales, #3 Exhibit 3 - WWD, #4 Exhibit 4 - Celebrities, #5 Exhibit 5 - Magazines, #6 Exhibit 6 - Daily Front Row, #7 Exhibit 7 - Blogs, #8 Exhibit 8 - Advertising, #9 Exhibit 9 - Trademark Registrations, #10 Exhibit 10 - Trademark Applications, #11 Exhibit 11 - Collaborations, #12 Exhibit 12 - 2018.11.16 Letter, #13 Exhibit 13 - 2018.12.06 Letter, #14 Exhibit 14 - 2021.04.15 Letter, #15 Exhibit 15 - 2021.04.16 Letter, #16 Exhibit 16 - 2021.04.28 Letter, #17 Exhibit 17 - 2021.04.29 Letter, #18 Exhibit 18 - 2022.06.13 Letter, #19 Exhibit 19 - 2022.06.14 Letter, #20 Exhibit 20 - Bieber Instagram Post, #21 Exhibit 21 - Bieber Instagram Post 2, #22 Exhibit 22 - Bieber Website, #23 Exhibit 23 - Instagram Post, #24 Exhibit 24 - Instagram Post 2, #25 Exhibit 25 - Instagram Posts, #26 Exhibit 26 - 2022.02.18 Email, #27 Exhibit 27 - Bieber Clothing, #28 Exhibit 28 - Glamour, #29 Exhibit 29 - TikTok Comment, #30 Exhibit 30 - Shop Rhode 1, #31 Exhibit 31 - Shop Rhode 2, #32 Exhibit 32 - On the Rhode 1, #33 Exhibit 33 - On the Rhode 2, #34 Exhibit 34 - Text Messages, #35 Exhibit 35 - Text Messages 2, #36 Exhibit 36 - Instagram Comment, #37 Exhibit 37 - Email, #38 Exhibit 38 - Trademark Applications).(Simpson, Lisa) |
| Filing 8 DECLARATION of Phoebe Vickers in Support re: #6 Proposed Order to Show Cause Without Emergency Relief. Document filed by Rhode-NYC, LLC. (Attachments: #1 Exhibit 1 - Daily Front Row, #2 Exhibit 2 - Coterie, #3 Exhibit 3 - 2014 Ontherhode, #4 Exhibit 4 - Ontherhode Images, #5 Exhibit 5 - Ontherhode Images, #6 Exhibit 6 - Rhode Images, #7 Exhibit 7 - 2014 Rhode, #8 Exhibit 8 - WMagazine, #9 Exhibit 9 WhoWhatWear, #10 Exhibit 10 Shopbop, #11 Exhibit 11 Text Message, #12 Exhibit 12 Instagram Posts, #13 Exhibit 13 TikTok Post, #14 Exhibit 14 Shop Rhode, #15 Exhibit 15 On The Rhode, #16 Exhibit 16 Instagram Comment, #17 Exhibit 17 Instagram Comment).(Simpson, Lisa) |
| Filing 7 MEMORANDUM OF LAW in Support re: #6 Proposed Order to Show Cause Without Emergency Relief seeking preliminary injunction. Document filed by Rhode-NYC, LLC..(Simpson, Lisa) |
| Filing 6 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Rhode-NYC, LLC..(Simpson, Lisa) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Hailey Bieber, re: #1 Complaint,. Document filed by Rhode-NYC, LLC..(Simpson, Lisa) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to HRBeauty, LLC, re: #1 Complaint,. Document filed by Rhode-NYC, LLC..(Simpson, Lisa) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Rhodedeodato Corp., re: #1 Complaint,. Document filed by Rhode-NYC, LLC..(Simpson, Lisa) |
| Filing 2 CIVIL COVER SHEET filed..(Simpson, Lisa) |
| Filing 1 COMPLAINT against Hailey Bieber, HRBeauty LLC, Rhodedeodato Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26304757)Document filed by Rhode-NYC, LLC. (Attachments: #1 Exhibit A - Plaintiff's trademark applications, #2 Exhibit B - Defendants' trademark applications).(Simpson, Lisa) |
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