Applied Bolting Technology Products, LLC v. TurnaSure LLC
Plaintiff: Applied Bolting Technology Products, LLC
Defendant: TurnaSure LLC
Case Number: 1:2022cv10506
Filed: December 13, 2022
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Jesse M Furman
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement (Lanham Act)
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 3, 2023 Opinion or Order Filing 35 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...This stipulation binds the parties to treat as confidential the documents so classified. The Court, however, has not reviewed the documents referenced herein; therefore, by so ordering this stipulation, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court's Individual Rules and Practices and subject to the presumption in favor of public access to "judicial documents." See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). To that end, the Court does not "so order" any provision to the extent that it purports to authorize the parties to file documents under seal without a prior court order. See New York ex rel. Khurana v. Spherion Corp., No. 15-CV-6605 (JMF), 2019 WL 3294170 (S.D.N.Y. July 19, 2019). Further, for avoidance of doubt, this Order applies only in this litigation. That is, the reference to Opposition No. 91264891 in Paragraph 12 notwithstanding, the Order does not govern the parties' conduct in that proceeding - and the Court will not exercise jurisdiction over conduct in that proceeding. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/3/23) (yv)
February 2, 2023 Filing 34 PROPOSED PROTECTIVE ORDER. Document filed by Applied Bolting Technology Products, LLC..(Fougner, Gabriele)
January 26, 2023 Filing 33 ANSWER to #1 Complaint, with JURY DEMAND., COUNTERCLAIM against Applied Bolting Technology Products, LLC. Document filed by TurnaSure LLC. (Attachments: #1 Exhibit 1 - Image of TSs Standard DTI, #2 Exhibit 2 - Image of the packaging that TS uses for Standard DTI, #3 Exhibit 3 - 768 Registration, #4 Exhibit 4 - Doc. No. 7-1, p. 2 and 3, #5 Exhibit 5 - Image of the packaging that TS uses for self-indicating DTI, #6 Exhibit 6 - 086 Registration, #7 Exhibit 7 - 498 Registration, #8 Exhibit 8 - Doc. No. 7-1, p. 3, #9 Exhibit 9 - 411 Registration, #10 Exhibit 10 - 587 Registration, #11 Exhibit 11 - Doc. No. 10-2, #12 Exhibit 12 - 409 Registration, #13 Exhibit 13 - ABT published article, #14 Exhibit 14 - Windpower article, #15 Exhibit 15 - ABT twitter, #16 Exhibit 16 - Declaration, #17 Exhibit 17 - Declaration, #18 Exhibit 18 - Declaration, #19 Exhibit 19 - Declaration, #20 Exhibit 20 - Declaration, #21 Exhibit 21 - Declaration, #22 Exhibit 22 - Declaration, #23 Exhibit 23 - Declaration, #24 Exhibit 24 - Amazon product listing, #25 Exhibit 25 - Fasteners Direct product listing, #26 Exhibit 26 - McILvain product listing, #27 Exhibit 27 - InStock Fasteners product listing, #28 Exhibit 28 - Brighton Best product listing, #29 Exhibit 29 - The Steel Supply article, #30 Exhibit 30 - blog entries, #31 Exhibit 31 - InStock Fasteners, #32 Exhibit 32 - Nefco Product listing, #33 Exhibit 33 - Ebay product listing, #34 Exhibit 34 - Integra Wall System application, #35 Exhibit 35 - Mackson product listing, #36 Exhibit 36 - Minnesota Research, #37 Exhibit 37 - Kansas University test, #38 Exhibit 38 - Texas Department of Transportation, #39 Exhibit 39 - Direct tension indicator Wikipedia page).(Thomas, Jonathan)
January 17, 2023 Opinion or Order Filing 32 ORDER granting #30 Letter Motion for Discovery. The parties' proposed preliminary injunction schedule, attached, is ADOPTED. Additionally, the following dates and deadlines shall also govern the conduct of pre-hearing proceedings in this case: The parties are directed to send a joint letter to the Court no later than the close of business on May 1, 2023, informing the Court of the status of settlement negotiations and whether the parties request a referral to Magistrate Judge Figueredo or the Court-annexed mediation program for settlement purposes. On May 16, 2023, by noon, the parties shall file a Joint Pre-Hearing Order, including any and all information relevant to the hearing referenced in the Court's Individual Rules and Practices in Civil Cases (available at http://nysd.uscourts.gov/judge/Furman) with respect to Joint Pre-Hearing Orders. On May 24, 2023, by noon, the parties shall each file Proposed Findings of Fact. (There is no need for Conclusions of Law given the parties memoranda of law.) As there may be no opportunity for post-hearing submissions, the Proposed Findings of Fact (and the memoranda of law) should be detailed and should include citations to the proffered and anticipated hearing testimony and exhibits. The final prehearing conference is scheduled for May 25, 2023, at 10:00 a.m. in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY. The preliminary injunction hearing will begin on May 30, 2023, at 9:00 a.m. in the same courtroom. Unless and until the Court orders otherwise, the hearing will be conducted from 9 a.m. to 5 p.m. until it is completed. It is further ORDERED that the following procedures shall govern the conduct of the hearing: a. All exhibits must be pre-marked. b. Counsel should make certain that they retain custody of all original exhibits, including the affidavits composing the direct testimony. The Court does not retain them and the Clerk is not responsible for them. The Clerk of Court is directed to terminate ECF No. 30. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/17/23) (yv)
January 17, 2023 Set/Reset Hearings: The final prehearing conference set for 5/25/2023 at 10:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. The preliminary injunction hearing set for 5/30/2023 at 09:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (yv)
January 13, 2023 Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held via teleconference on 1/13/2023. Aaron Silverstein and Jamie Sternberg for Plaintiff. Jonathan Thomas and Daniel Rosales for Defendant. (ab)
January 11, 2023 Opinion or Order Filing 31 MEMO ENDORSEMENT on re: #30 LETTER MOTION for Discovery addressed to Judge Jesse M. Furman from Jonathan W. Thomas dated 1/10/23. filed by TurnaSure LLC. ENDORSEMENT: The parties shall appear for a telephone conference with the Court on January 13, 2023, at 10:00 a.m. to discuss their proposed schedule. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Counsel should review and comply with the rules regarding teleconferences in the Court's Individual Rules and Practices in Civil Cases, including Rule 3(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. SO ORDERED., ( Telephone Conference set for 1/13/2023 at 10:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 1/11/23) (yv)
January 10, 2023 Filing 30 LETTER MOTION for Discovery addressed to Judge Jesse M. Furman from Jonathan W. Thomas dated 1/10/23. Document filed by TurnaSure LLC..(Thomas, Jonathan)
January 5, 2023 Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by TurnaSure LLC..(Thomas, Jonathan)
January 4, 2023 Minute Entry for proceedings held before Judge Jesse M. Furman: TRO Hearing held via teleconference on 1/4/2023. Aaron Silverstein and Jamie Sternberg for Plaintiff. Jonathan Thomas and Daniel Rosales for Defendant. Court reporter present. (ab)
January 3, 2023 Filing 28 NOTICE OF APPEARANCE by Daniel Michael Rosales, Jr on behalf of TurnaSure LLC..(Rosales, Daniel)
January 3, 2023 Filing 27 NOTICE OF APPEARANCE by Jonathan Webster Thomas on behalf of TurnaSure LLC..(Thomas, Jonathan)
December 30, 2022 Filing 26 DECLARATION of David Stayshich in Support re: #6 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Applied Bolting Technology Products, LLC..(Fougner, Gabriele)
December 30, 2022 Filing 25 DECLARATION of Carlos Rubio in Support re: #6 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Applied Bolting Technology Products, LLC..(Fougner, Gabriele)
December 30, 2022 Filing 24 DECLARATION of Mitch Kopacz in Support re: #6 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Applied Bolting Technology Products, LLC..(Fougner, Gabriele)
December 30, 2022 Filing 23 DECLARATION of Al Vercellino in Support re: #6 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Applied Bolting Technology Products, LLC..(Fougner, Gabriele)
December 30, 2022 Filing 22 DECLARATION of John OBrien in Support re: #6 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Applied Bolting Technology Products, LLC..(Fougner, Gabriele)
December 30, 2022 Filing 21 DECLARATION of Peter Hobson in Support re: #6 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Applied Bolting Technology Products, LLC..(Fougner, Gabriele)
December 30, 2022 Filing 20 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #6 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . . Document filed by Applied Bolting Technology Products, LLC..(Fougner, Gabriele)
December 27, 2022 Filing 19 AFFIDAVIT OF SERVICE of Complaint, with initiating papers, and Temporary Restraining Order and Order to Show Cause for Prelminary Injunction, with supporting papers served on TurnaSure LLC on 12/16/2022. Document filed by Applied Bolting Technology Products, LLC..(Fougner, Gabriele)
December 14, 2022 Minute Entry for proceedings held before Judge Jesse M. Furman: TRO Hearing held via teleconference on 12/14/2022. Aaron Silverstein and Jamie Sternberg present for Plaintiff. No one present for Defendant. Court reporter present. (ab)
December 14, 2022 Opinion or Order Filing 18 ORDER, In light of Defendant's absence at the conference held earlier today, it is hereby ORDERED that all parties shall appear for a conference with the Court on January 4, 2023, at 2:30 p.m., at which time the parties should be prepared to address the issues noted by the Court in its December 13, 2022 Order, ECF No. 16. Defendant shall file any opposition to Plaintiffs motion for a temporary restraining order and preliminary injunction by December 28, 2022. The conference will be held remotely by telephone in accordance with Rule 3.B of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/honjesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. SO ORDERED. ( Responses due by 12/28/2022, Telephone Conference set for 1/4/2023 at 02:30 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/14/22) (yv)
December 13, 2022 Filing 17 NOTICE OF APPEARANCE by Gabriele Fougner on behalf of Applied Bolting Technology Products, LLC..(Fougner, Gabriele)
December 13, 2022 Opinion or Order Filing 16 ORDER: Earlier today, Plaintiff filed a motion for a temporary restraining order and preliminary injunction. It is hereby ORDERED that all parties shall appear for a conference with the Court on December 14, 2022, at 11:30 a.m. to address the motion and next steps, including but not limited to a briefing schedule, whether there is a need for a limited discovery and/or evidentiary hearing, and whether any hearing should be consolidated with trial on the merits pursuant to Rule 65(a)(2) of the Federal Rules of Civil Procedure... The conference will be held remotely by telephone in accordance with Rule 3.B of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Courts dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. SEE ORDER. (Signed by Judge Jesse M. Furman on 12/13/2022) (ab)
December 13, 2022 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)..(pc)
December 13, 2022 Filing 14 ELECTRONIC SUMMONS ISSUED as to TurnaSure LLC..(pc)
December 13, 2022 Filing 13 PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Applied Bolting Technology Products, LLC. Related Document Number: #6 ..(Silverstein, Aaron) Proposed Order to be reviewed by Clerk's Office staff.
December 13, 2022 Filing 12 REDACTION to #6 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . Exhibit 6 - Redacted Deposition Transcript of Jonathan Turner by Applied Bolting Technology Products, LLC.(Silverstein, Aaron)
December 13, 2022 Filing 11 DECLARATION of Brad Tinney in Support re: #6 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Applied Bolting Technology Products, LLC..(Silverstein, Aaron)
December 13, 2022 Filing 10 DECLARATION of Christofer Curven in Support re: #6 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Applied Bolting Technology Products, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Silverstein, Aaron)
December 13, 2022 Filing 9 DECLARATION of Dana Seguin in Support re: #6 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Applied Bolting Technology Products, LLC..(Silverstein, Aaron)
December 13, 2022 Filing 8 DECLARATION of Kristyn Wallace in Support re: #6 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Applied Bolting Technology Products, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Silverstein, Aaron)
December 13, 2022 Filing 7 DECLARATION of Jamie Sternberg in Support re: #6 MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Applied Bolting Technology Products, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Silverstein, Aaron)
December 13, 2022 Filing 6 MOTION for Temporary Restraining Order ., MOTION for Preliminary Injunction . Document filed by Applied Bolting Technology Products, LLC..(Silverstein, Aaron) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
December 13, 2022 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to TurnaSure LLC, re: #1 Complaint,. Document filed by Applied Bolting Technology Products, LLC..(Silverstein, Aaron)
December 13, 2022 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Applied Bolting Technology Products, LLC..(Silverstein, Aaron)
December 13, 2022 Filing 3 CIVIL COVER SHEET filed..(Silverstein, Aaron)
December 13, 2022 Filing 2 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Silverstein, Aaron)
December 13, 2022 Filing 1 COMPLAINT against TurnaSure LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27078886)Document filed by Applied Bolting Technology Products, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Silverstein, Aaron)
December 13, 2022 Magistrate Judge Valerie Figueredo 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. (pc)
December 13, 2022 Case Designated ECF. (pc)
December 13, 2022 ***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #13 Proposed Temporary Restraining Order was reviewed and approved as to form. (nd)
December 13, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(pc)

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Plaintiff: Applied Bolting Technology Products, LLC
Represented By: Gabriele Fougner
Represented By: Aaron Yarrow Silverstein
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Defendant: TurnaSure LLC
Represented By: Daniel Michael Rosales, Jr
Represented By: Jonathan Webster Thomas
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