Global Brand Holdings, LLC v. Rae Dunn Design LLC et al
| Global Brand Holdings, LLC |
| Rae Dunn Design LLC and Enchante Accessories Inc. |
| 1:2023cv01644 |
| February 27, 2023 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Dale E Ho |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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Filing 30
NOTICE OF REASSIGNMENT. This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Courts Individual Practices, which are available at https://nysd.uscourts.gov/hon-dale-e-ho. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the cases reassignment. (Signed by Judge Dale E Ho on 10/19/23) (yv)
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Filing 29
REPLY MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss . . Document filed by Enchante Accessories Inc...(Lieb, Katherine)
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Filing 28
REPLY MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss Complaint pursuant to FRCP 12(b)(6). . Document filed by Rae Dunn Design LLC..(Fletcher, Jordan)
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NOTICE OF CASE REASSIGNMENT to Judge Dale E Ho. Judge John P. Cronan is no longer assigned to the case. (vba)
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Filing 27
MEMORANDUM OF LAW in Opposition re: #23 MOTION to Dismiss ., #19 MOTION to Dismiss Complaint pursuant to FRCP 12(b)(6). . Document filed by Global Brand Holdings, LLC..(Misthal, Marc)
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Filing 26
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Rae Dunn Design LLC..(Fletcher, Jordan)
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Filing 25
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Tzumi Electronics LLC, Corporate Parent Tzumi Innovations LLC, Corporate Parent Madison Home International LLC, Corporate Parent AMG Global JV LLC, Corporate Parent Inspired Home Dcor LLC for Enchante Accessories Inc.. Document filed by Enchante Accessories Inc...(Lieb, Katherine)
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Filing 24
MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss . . Document filed by Enchante Accessories Inc...(Lieb, Katherine)
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Filing 23
MOTION to Dismiss . Document filed by Enchante Accessories Inc...(Lieb, Katherine)
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Filing 22
DECLARATION of Jordan Fletcher in Support re: #19 MOTION to Dismiss Complaint pursuant to FRCP 12(b)(6).. Document filed by Rae Dunn Design LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Fletcher, Jordan)
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Filing 21
DECLARATION of Rae Dunn in Support re: #19 MOTION to Dismiss Complaint pursuant to FRCP 12(b)(6).. Document filed by Rae Dunn Design LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Fletcher, Jordan)
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Filing 20
MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss Complaint pursuant to FRCP 12(b)(6). . Document filed by Rae Dunn Design LLC..(Fletcher, Jordan)
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Filing 19
MOTION to Dismiss Complaint pursuant to FRCP 12(b)(6). Document filed by Rae Dunn Design LLC. Responses due by 10/5/2023.(Fletcher, Jordan)
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Filing 18
NOTICE OF CHANGE OF ADDRESS by Jordan Fletcher on behalf of Rae Dunn Design LLC. New Address: Fletcher Law, PLLC, 234 Fifth Avenue, 2nd Floor, New York, NY, USA 10001, 212-320-8945..(Fletcher, Jordan)
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Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on August 14, 2023. As discussed at the conference, Defendants shall move to dismiss the Complaint on September 7, 2023. Plaintiff shall file a single omnibus opposition brief, not to exceed 40 pages, by October 5, 2023, and Defendants shall file any replies by October 19, 2023. Defendants deadline to respond to the Complaint is adjourned sine die pending the Courts resolution of their motions to dismiss. Further, the Court stays the commencement of discovery and will refrain from entering a case management plan and scheduling order at this time. The parties shall meet and confer in good faith regarding limited discovery necessary for productive settlement discussions, and, if appropriate, shall file a letter requesting a referral to the Court-annexed Mediation Program or to Judge Cave for a settlement conference. (Court reporter Amy Walker). (mhe)
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Filing 17
MEMO ENDORSEMENT on re: #16 Letter filed by Rae Dunn Design LLC ENDORSEMENT The Court will hold a status conference on August 14, 2023, at 11:30 a.m. to discuss the parties' joint request for a briefing schedule on Defendants' anticipated motion to dismiss, as well as whether discovery should be stayed pending that motion. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. SO ORDERED. (Telephone Conference set for 8/14/2023 at 11:30 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 7/11/2023) (jca)
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Filing 16
JOINT LETTER addressed to Judge John P. Cronan from Jordan Fletcher dated July 10, 2023 re: Proposed Motion to Dismiss Briefing Schedule and Discovery Stay. Document filed by Rae Dunn Design LLC..(Fletcher, Jordan)
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Filing 15
NOTICE OF APPEARANCE by Katherine Marguerite Lieb on behalf of Enchante Accessories Inc...(Lieb, Katherine)
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Filing 14
ORDER denying #13 Letter Motion for Conference re: #13 LETTER MOTION for Conference Pre-Motion Letter re Motion to Dismiss Complaint addressed to Judge John P. Cronan from Jordan Fletcher dated May 23, 2023. In the interest of judicial economy and conservation of the parties' resources, the Court declines to set a briefing schedule on RDD's anticipated motion to dismiss at this time, given that co-Defendant Enchante Accessories Inc. has until July 10, 2023 to respond to the Complaint. By July 10, 2023, the parties shall meet and confer regarding any anticipated motions to dismiss, and submit to the Court a status letter with a proposed briefing schedule (or proposals if the parties are unable to come to an agreement). All motions to dismiss shall be briefed simultaneously, and Plaintiff shall file one omnibus opposition, not to exceed 40 pages, in response to all motions. The parties should also provide their views as to whether discovery should be stayed pending the motions to dismiss. The Clerk of Court is respectfully directed to close Docket Number 13. SO ORDERED. (Signed by Judge John P. Cronan on 5/24/2023) (jca)
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Filing 13
LETTER MOTION for Conference Pre-Motion Letter re Motion to Dismiss Complaint addressed to Judge John P. Cronan from Jordan Fletcher dated May 23, 2023. Document filed by Rae Dunn Design LLC..(Fletcher, Jordan)
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Filing 12
WAIVER OF SERVICE RETURNED EXECUTED. Enchante Accessories Inc. waiver sent on 5/11/2023, answer due 7/10/2023. Document filed by Global Brand Holdings, LLC..(Misthal, Marc)
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Filing 11
WAIVER OF SERVICE RETURNED EXECUTED. Rae Dunn Design LLC waiver sent on 3/24/2023, answer due 5/23/2023. Document filed by Global Brand Holdings, LLC..(Misthal, Marc)
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Filing 10
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)..(gp)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Rae Dunn Design LLC..(gp)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Enchante Accessories Inc...(gp)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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..(gp)
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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. (gp)
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Case Designated ECF. (gp)
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Filing 7
NOTICE OF APPEARANCE by Patrick Burke Monahan on behalf of Global Brand Holdings, LLC..(Monahan, Patrick)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Enchante Accessories Inc., re: #1 Complaint,. Document filed by Global Brand Holdings, LLC..(Misthal, Marc)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Rae Dunn Design LLC, re: #1 Complaint,. Document filed by Global Brand Holdings, LLC..(Misthal, Marc)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Global Brand Holdings, LLC..(Misthal, Marc)
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Filing 3
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Misthal, Marc)
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Filing 2
CIVIL COVER SHEET filed..(Misthal, Marc)
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Filing 1
COMPLAINT against Enchante Accessories Inc., Rae Dunn Design LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27396125)Document filed by Global Brand Holdings, LLC. (Attachments: #1 Exhibit Exhibit A - XOXO Registrations, #2 Exhibit Exhibit B - XOXO Press, #3 Exhibit Exhibit C - Infringing Blanket Photos, #4 Exhibit Exhibit D - Infringing Towel Product Listing).(Misthal, Marc)
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