TSURT,LLC et al v. Doe et al
| TSURT,LLC and Pearl Jam, LLC |
| Various John Does, Various Jane Does and ABC Companies |
| 1:2022cv07493 |
| September 1, 2022 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| CASHIERS OFFICE REGISTRY DISBURSEMENT as per #23 Order of Dismissal, Terminate Motions, dated 9/23/2022, from Judge Lorna G. Schofield, on 10/12/2022 disbursed to pay TSURT LLC C/O KENNETH A FEINSWOG $25,000.00 Check No. 40499371 dated 10/12/2022.(bwi) |
Filing 23
ORDER TO DISMISS WITHOUT PREJUDICE: Plaintiffs having moved to dismiss the above-referenced action pursuant to Rule 41(a) of the Federal Rules of Civil Procedure; IT IS HEREBY ORDERED that: 1. The above-referenced action is hereby dismissed without prejudice; 2. The Clerk of the Court is hereby directed to return the $25,000.00 cash bond to Plaintiff TSURT, LLC. c/o Plaintiffs' counsel, Kenneth A. Feinswog at 400 Corporate Pointe, Suite 300, Culver City, California 90230; and 3. Plaintiffs are authorized to dispose of all merchandise seized from Defendants in the above-referenced action. Motions terminated: #22 EX PARTE MOTION to Dismiss filed by Pearl Jam, LLC, TSURT, LLC. (Signed by Judge Lorna G. Schofield on 9/23/2022) (mml) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 22 EX PARTE MOTION to Dismiss . Document filed by Pearl Jam, LLC, TSURT,LLC. (Attachments: #1 Text of Proposed Order to Dismiss).(Feinswog, Kenneth) |
| Filing 21 DECLARATION of Kenneth A Feinswog in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Pearl Jam, LLC, TSURT,LLC..(Feinswog, Kenneth) |
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Filing 20
AMENDED ORDER TO SHOW CAUSE ON MOTION FOR PRELIMINARY INJUNCTION WITH TEMPORARY RESTRAINING ORDER AND ORDER OF SEIZURE: IT IS HEREBY ORDERED THAT Defendants, Various John Does, Jane Does and ABC Companies, their true identities being unknown, show cause on the 23rd day of September 2022 at 2:30 p.m. by dialing the conference call line at 888-363-4749 and using access code 558-3333, why an order pursuant to Fed.R.Civ.P. 65 should not be entered granting Plaintiffs a preliminary injunction enjoining Defendants from manufacturing, distributing, selling or holding for sale and authorizing seizure of all clothing, jewelry, photographs, posters and other merchandise (collectively the "Infringing Merchandise") bearing the PEARL JAM trademark, likenesses and logos (collectively the "PEARL JAM Trademarks"), AND IT IS FURTHER ORDERED that this Order is hereby conditioned upon Plaintiffs filing with the Clerk of this Court, an undertaking, a surety bond or a certified, cashiers or attorneys' check, credit card or cash in the amount of $25,000.00 no later than September 10, 2022 to secure payment of such costs and damages not to exceed such sum as may be suffered or sustained by any party who is found to be wrongfully restrained hereby, AND IT IS FURTHER ORDERED that Defendants' responsive papers, if any, shall be filed with the Clerk of this Court and served upon Plaintiffs' attorney by delivering a copy to its counsel on or before September 19, 2022; Any reply shall be filed by Plaintiffs and served upon each appearing Defendant or his/her counsel on or before September 20, 2022. Plaintiffs shall provide copies of pleadings at the request of any identified Defendant; AND IT IS FURTHER ORDERED that pursuant to F.R.Civ.P. 65(b)(4), any Defendant can apply to this Court to dissolve or modify this Order on two (2) days' notice or shorter notice as this Court may allow, but no such objection shall serve to suspend this Order or stay the terms hereof unless otherwise ordered by this Court. This temporary restraining order, other than the seizure order addressed above will expire on September 23, 2022, unless extended by the Court for good cause. (And as further set forth herein.) (Telephone Conference set for 9/23/2022 at 02:30 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/21/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.
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Filing 19
ORDER terminating #15 Letter Motion to Continue; granting #18 Letter Motion to Continue. Application GRANTED. An amended Order will issue separately. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 15 and 18.. (Signed by Judge Lorna G. Schofield on 9/21/2022) (jca)
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| Filing 18 LETTER MOTION to Continue Amend Temporary Restraining Order addressed to Judge Lorna G. Schofield from Kenneth A Feinswog dated September 20, 2022. Document filed by Pearl Jam, LLC, TSURT,LLC. (Attachments: #1 Text of Proposed Order Amended Temporary Restraining Order).(Feinswog, Kenneth) |
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Filing 17
AMENDED ORDER TO SHOW CAUSE ON MOTION FOR PRELIMINARY INJUNCTION WITH TEMPORARY RESTRAINING ORDER AND ORDER OF SEZIURE: IT IS HEREBY ORDERED THAT Defendants, Various John Does, Jane Does and ABC Companies, their true identities being unknown, show cause on the 23rd day of September 2022 at 2:30 p.m. by dialing the conference call line at 888-363-4749 and using access code 558-3333, why an order pursuant to Fed. R. Civ. P. 65 should not be entered granting Plaintiffs a preliminary injunction enjoining Defendants from manufacturing, distributing, selling or holding for sale and authorizing seizure of all clothing, jewelry, photographs, posters and other merchandise (collectively the "Infringing Merchandise") bearing the PEARL JAM trademark, likenesses and logos (collectively the "PEARL JAM Trademarks"), as further set forth herein. AND IT IS FURTHER ORDERED that this Order is hereby conditioned upon Plaintiffs filing with the Clerk of this Court, an undertaking, a surety bond or a certified, cashiers or attorneys' check, credit card or cash in the amount of $25,000.00 no later than September 10, 2022 to secure payment of such costs and damages not to exceed such sum as may be suffered or sustained by any party who is found to be wrongfully restrained hereby, as further set forth. AND IT IS FURTHER ORDERED that Defendants' responsive papers, if any, shall be filed with the Clerk of this Court and served upon Plaintiffs' attorney by delivering a copy to its counsel on or before September 19, 2022; Any reply shall be filed by Plaintiffs and served upon each appearing Defendant or his/her counsel on or before September 20, 2022. Plaintiffs shall provide copies of pleadings at the request of any identified Defendant; AND IT IS FURTHER ORDERED that pursuant to F. R. Civ. P. 65(b)(4), any Defendant can apply to this Court to dissolve or modify this Order on two (2) days' notice or shorter notice as this Court may allow, but no such objection shall serve to suspend this Order or stay the terms hereof unless otherwise ordered by this Court. This temporary restraining order, other than the seizure order addressed above will expire on September 23, 2022, unless extended by the Court for good cause. (Show Cause Response due by 9/19/2022. Replies due by 9/20/2022. Telephone Conference set for 9/23/2022 at 02:30 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/15/2022) (mml) Transmission to Finance Unit (Cashiers) for processing.
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Filing 16
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on November 2, 2022 at 4:10p.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, as further set forth. Initial Conference set for 11/2/2022 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/15/2022) (mml)
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| Filing 15 LETTER MOTION to Continue /Amend Temporary Restraining Order addressed to Judge Lorna G. Schofield from Kenneth Feinswog dated September 13, 2022. Document filed by Pearl Jam, LLC, TSURT,LLC. (Attachments: #1 Text of Proposed Order Amended Temporary Restraining Order).(Feinswog, Kenneth) |
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Filing 14
AMENDED ORDER TO SHOW CAUSE ON MOTION FOR PRELIMINARY INJUNCTION WITH TEMPORARY RESTRAINING ORDER AND ORDER OF SEIZURE: IT IS HEREBY ORDERED THAT Defendants, Various John Does, Jane Does and ABC Companies, their true identities being unknown, show cause on the 23rd day of September 2022 at 2:30 p.m. by dialing the conference call line at 888-363-4749 and using access code 558-3333, why an order pursuant to Fed.R.Civ.P. 65 should not be entered granting Plaintiffs a preliminary injunction enjoining Defendants from manufacturing, distributing, selling or holding for sale and authorizing seizure of all clothing, jewelry, photographs, posters and other merchandise (collectively the "Infringing Merchandise") bearing the PEARL JAM trademark, likenesses and logos (collectively the "PEARL JAM Trademarks"); IT IS FURTHER ORDERED that the U.S. Marshal for this District, the U.S. Marshal(s) and/or state, county or local law enforcement authorities, for any such district in which Plaintiffs enforces this order are hereby authorized to seize, impound (and deliver to Plaintiffs or their representatives), any and all Infringing Merchandise bearing the PEARL JAM Trademarks, including from cartons, containers or vehicles or other means of transport in which the Infringing Merchandise is found beginning four (4) hours before and continuing until four (4) hours after any performance on any concert on the PEARL JAM tour within a four (4) mile radius of the concert on the PEARL JAM tour including, and limited to, PEARL JAM concert at Madison Square Garden, New York, New York on September 11, 2022, and other PEARL JAM concerts listed in Exhibit A to the Complaint in this action. For clarity, the seizure order will expire on September 15, 2022. AND IT IS FURTHER ORDERED that this Order is hereby conditioned upon Plaintiffs filing with the Clerk of this Court, an undertaking, a surety bond or a certified, cashiers or attorneys' check, credit card or cash in the amount of $25,000.00 no later than September 10, 2022 to secure payment of such costs and damages not to exceed such sum as may be suffered or sustained by any party who is found to be wrongfully restrained hereby. AND IT IS FURTHER ORDERED that Defendants' responsive papers, if any, shall be filed with the Clerk of this Court and served upon Plaintiffs' attorney by delivering a copy to its counsel on or before September 19, 2022; Any reply shall be filed by Plaintiffs and served upon each appearing Defendant or his/her counsel on or before September 20, 2022. This temporary restraining order, other than the seizure order addressed above, will expire on September 16, 2022, unless extended by the Court for good cause. Show Cause Hearing set for 9/23/2022 at 02:30 PM before Judge Lorna G. Schofield. Show Cause Response due by 9/20/2022. (Signed by Judge Lorna G. Schofield on 9/08/2022) (ama) Transmission to Finance Unit (Cashiers) for processing.
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Filing 13
ORDER: granting #12 Letter Motion to Continue. Application GRANTED. An amended order will issue separately. (Signed by Judge Lorna G. Schofield on 9/08/2022) (ama)
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| CASHIERS OFFICE REGISTRY DEPOSIT as per #11 Order to Show Cause, Set Deadlines/Hearings, dated 9/02/2022, from Judge Lorna G. Schofield, received $25,000.00 Receipt Number 5363 on 9/08/2022..(jkr) |
| Filing 12 LETTER MOTION to Continue /Amend Temporary Restraining Order addressed to Judge Lorna G. Schofield from Kenneth A. Feinswog dated September 7, 2022. Document filed by Pearl Jam, LLC, TSURT,LLC. (Attachments: #1 Text of Proposed Order Temporary Restraining Order).(Feinswog, Kenneth) |
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Filing 11
ORDER TO SHOW CAUSE ON MOTION FOR PRELIMINARY INJUNCTION WITH TEMPORARY RESTRAINING ORDER AND ORDER OF SEIZURE: IT IS HEREBY ORDERED THAT defendants, Various John Does, Jane Does and ABC Companies, their true identities being unknown, show cause on the 23rd day of September 2022 at 2:30 p.m., by dialing the conference call line: 888-363-4749 and using access code: 558-3333. IT IS FURTHER ORDERED that the U.S. Marshal for this District, the U.S. Marshal(s) and/or state, county or local law enforcement authorities, for any such district in which Plaintiffs enforces this order are hereby authorized to seize, impound (and deliver to Plaintiffs or their representatives), any and all Infringing Merchandise bearing the PEARL JAM Trademarks, including from cartons, containers or vehicles or other means of transport in which the Infringing Merchandise is found beginning four (4) hours before and continuing until four (4) hours afterany performance on any concert on the PEARL JAM tour within a four (4) mile radius of the concert on the PEARL JAM tour including, and limited to, the PEARL JAM concert at Madison Square Garden, New York, New York on September 11, 2022; and the other PEARL JAM concerns listed in Exhibit A to the Complaint in this action. Pursuant to 15 U.S.C. 1116(d), this seizure order will expire seven days from the issuance of the Order. Plaintiffs may file a letter seeking a renewed seizure order no later than two business days prior to the expiration of this order. AND IT IS FURTHER ORDERED that this Order is hereby conditioned uponPlaintiffs filing with the Clerk of this Court, an undertaking, a surety bond or a certified, cashiers or attorneys' check, credit card or cash in the amount of $ 25,000.00 Dollars no later than September 10, 2022 to secure payment of such costs and damages not to exceed such sum as may be suffered or sustained by any party who is found to be wrongfully restrained hereby; AND IT IS FURTHER ORDERED that this Temporary Restraining Order is conditioned upon Plaintiffs advancing to law enforcement officers such sum as is required to cover the fees for their services, in the event that Plaintiffs seek their services in this or any otherdistrict. AND IT IS FURTHER ORDERED that Defendants' responsive papers, if any, shall be filed with the Clerk of this Court and served upon Plaintiffs' attorney by delivering a copy to its counsel on or before September 19th, 2022; Any reply shall be filed by Plaintiffs and served upon each appearing Defendant or his/her counsel on or before September 20th, 2022. Plaintiffs shall provide copies of pleadings at the request of any identified Defendant; This Order will expire 14 days after entry unless extended by the Court for good cause. And as set forth herein.Telephonic Show Cause Hearing set for 9/23/2022 at 02:30 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/02/2022) (ama) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 10 COMPLAINT against ABC Companies, Jane Does, John Does. Document filed by TSURT,LLC, Pearl Jam, LLC..(Feinswog, Kenneth) |
| Filing 9 DECLARATION of Christopher Siglin in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Pearl Jam, LLC, TSURT,LLC..(Feinswog, Kenneth) |
| 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) |
| Filing 7 MEMORANDUM OF LAW in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Pearl Jam, LLC, TSURT,LLC..(Feinswog, Kenneth) |
| Filing 6 DECLARATION of Kenneth A Feinswog in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by PEARL JAM, LLC, TSURT,LLC. (Attachments: #1 Exhibit A to Declaration of Kenneth A. Feinswog, #2 Exhibit B to Declaration of Kenneth A. Feinswog, #3 Exhibit C to Declaration of Kenneth A. Feinswog).(Feinswog, Kenneth) |
| Filing 5 EMERGENCY MOTION for Temporary Restraining Order . Document filed by PEARL JAM, LLC, TSURT,LLC. (Attachments: #1 Text of Proposed Order Order to Show Cause).(Feinswog, Kenneth) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 4 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Feinswog, Kenneth) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PEARL JAM, LLC, TSURT,LLC..(Feinswog, Kenneth) |
| Filing 2 CIVIL COVER SHEET filed..(Feinswog, Kenneth) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-26625341)Document filed by TSURT,LLC, PEARL JAM, LLC..(Feinswog, Kenneth) Modified on 9/1/2022 (vf). |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kenneth A. Feinswog. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf) |
| Case Designated ECF. (vf) |
| 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. (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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kenneth A. Feinswog. The party information for the following party/parties has been modified: PEARL JAM, LLC., JOHN DOE, JANE DOE, ABC COMPANY. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party name entered incorrectly. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kenneth A. Feinswog to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
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