Globefill Incorporated v. The TJX Companies, Inc. et al
| Globefill Incorporated |
| The T.J.X. Companies, Inc. and Argento SC by Sicura Inc. |
| 1:2023cv04520 |
| May 30, 2023 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 20, 2023. A more recent docket listing may be available from PACER.
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Filing 50
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Stewart Aaron on Thursday, December 14, 2023, at 10:00 a.m. EST. The conference shall proceed by Microsoft Teams unless the parties advise the Court that they have access to and prefer proceeding by alternative remote means. The Court will provide the Microsoft Teams information to the parties by email prior to the conference. The parties must comply with the Settlement Conference Procedures for Magistrate Judge Stewart D. Aaron, available at https://nysd.uscourts.gov/hon-stewart-d-aaron. SO ORDERED. Settlement Conference set for 12/14/2023 at 10:00 AM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 10/31/2023) (vfr)
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| Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument held on 10/25/2023 re: #38 MOTION to Dismiss Plaintiff's First Amended Complaint. Filed by Argento SC by Sicura Inc., The T.J.X. Companies, Inc., #42 LETTER MOTION for Oral Argument on Defendant's Motion to Dismiss and Seeking Clarification on Pre-Motion Conference Discussion; addressed to Judge John G. Koeltl from John M. Mueller dated August 7, 2023. Filed by Globefill Incorporated, (Fletcher, Donnie) |
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Filing 49
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Stewart D. Aaron. SO ORDERED. (Signed by Judge John G. Koeltl on 10/25/2023) (ks)
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Filing 48
ORDER granting in part and denying in part #38 Motion to Dismiss; granting in part and denying in part #42 Motion for Oral Argument. As discussed at the hearing held on October 25, 2023, the Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. For the foregoing reasons, the defendants' motion to dismiss is granted in part without prejudice and denied in part. The Clerk is directed to close ECF Nos. 38 and 42. Any amended complaint should be filed by November 15, 2023. The deadline to move or answer is December 6, 2023. SO ORDERED.. (Signed by Judge John G. Koeltl on 10/25/2023) (ks)
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| Set/Reset Deadlines: Amended Pleadings due by 11/15/2023. Motions due by 12/6/2023. (ks) |
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Filing 47
ORDER: The parties are directed to appear for a telephone conference on October 25, 2023, at 3:00 p.m. Dial-in: 888-363-4749, with access code 8140049. (Signed by Judge John G. Koeltl on 10/19/2023) (ate)
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| Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument set for 10/25/2023 at 03:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Filing 46 DECLARATION of John M. Mueller re: #45 Memo Endorsement, . Document filed by Globefill Incorporated. (Attachments: #1 Exhibit A- October 13, 2022 Online Order Confirmation, #2 Exhibit B- Images of the Outer Packaging of Exhibit 3, #3 Exhibit C- Images of the Outer Packaging of Exhibit 4).(Mueller, John) |
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Filing 45
MEMO ENDORSEMENT on re: #44 Letter filed by Globefill Incorporated. ENDORSEMENT: Application Granted. Plaintiff may submit the samples with an appropriate affidavit after showing them to counsel for the defendant. SO ORDERED. (Signed by Judge John G. Koeltl on 8/25/2023) (ate)
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| Filing 44 LETTER addressed to Judge John G. Koeltl from John M. Mueller dated August 24, 2023 re: Request to Submit Physical Samples of the CHV Bottle. Document filed by Globefill Incorporated..(Mueller, John) |
| Filing 43 REPLY MEMORANDUM OF LAW in Support re: #38 MOTION to Dismiss Plaintiff's First Amended Complaint. . Document filed by Argento SC by Sicura Inc., The T.J.X. Companies, Inc...(Berkowitz, Mark) |
| Filing 42 LETTER MOTION for Oral Argument on Defendant's Motion to Dismiss and Seeking Clarification on Pre-Motion Conference Discussion addressed to Judge John G. Koeltl from John M. Mueller dated August 7, 2023. Document filed by Globefill Incorporated..(Mueller, John) |
| Filing 41 DECLARATION of John M. Mueller in Opposition re: #38 MOTION to Dismiss Plaintiff's First Amended Complaint.. Document filed by Globefill Incorporated. (Attachments: #1 Exhibit A- Photographs of Defendants Accused Clear Bottle, #2 Exhibit B- Photographs of Defendants Accused Black Bottle).(Mueller, John) |
| Filing 40 MEMORANDUM OF LAW in Opposition re: #38 MOTION to Dismiss Plaintiff's First Amended Complaint. . Document filed by Globefill Incorporated..(Mueller, John) |
| Filing 39 MEMORANDUM OF LAW in Support re: #38 MOTION to Dismiss Plaintiff's First Amended Complaint. . Document filed by Argento SC by Sicura Inc., The T.J.X. Companies, Inc...(Berkowitz, Mark) |
| Filing 38 MOTION to Dismiss Plaintiff's First Amended Complaint. Document filed by Argento SC by Sicura Inc., The T.J.X. Companies, Inc...(Berkowitz, Mark) |
| Filing 37 NOTICE OF APPEARANCE by Sandra Adele Hudak on behalf of Argento SC by Sicura Inc., The T.J.X. Companies, Inc...(Hudak, Sandra) |
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Filing 36
ORDER GRANTING ADMISSION TO PRACTICE PRO HAC VICE granting #34 Motion for Jeffrey J. Lyons to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 7/6/2023) (ks)
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Filing 35
ORDER GRANTING ADMISSION TO PRACTICE PRO HAC VICE re: #33 Motion for John M. Mueller to Appear Pro Hac Vice. This order becomes effective upon the Court's receipt of the required $200.00 fee and confirms your appearance as counsel in this case. (Signed by Judge John G. Koeltl on 7/5/2023) (tro)
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| Filing 34 MOTION for Jeffrey J. Lyons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27958674. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Globefill Incorporated. (Attachments: #1 Affidavit of Jeffrey J. Lyons, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice).(Lyons, Jeff) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for Jeffrey J. Lyons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27958674. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (dsh) |
| Filing 33 MOTION for John M. Mueller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27949666. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Globefill Incorporated. (Attachments: #1 Affidavit of John M. Mueller in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit - Certificate of Good Standing from the Supreme Court of Ohio, #3 Text of Proposed Order Granting Admission Pro Hac Vice).(Mueller, John) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for John M. Mueller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27949666. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Pre-Motion Conference held on 6/26/2023. (Fletcher, Donnie) |
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Filing 32
ORDER: As discussed at the telephone conference held today, the time to answer or move in response to the complaint is July 14, 2023. If a motion to dismiss is made, the plaintiff's response is due on August 4, 2023. Any reply is due on August 18, 2023. SO ORDERED. (Signed by Judge John G. Koeltl on 6/26/2023) Argento SC by Sicura Inc. answer due 7/14/2023; The T.J.X. Companies, Inc. answer due 7/14/2023.( Motions due by 7/14/2023., Replies due by 8/18/2023., Responses due by 8/4/2023) (ks)
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| Filing 31 NOTICE OF APPEARANCE by Megan Corrigan on behalf of Globefill Incorporated..(Corrigan, Megan) |
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Filing 30
ORDER: granting #29 Letter Motion for Conference re: #29 LETTER MOTION for Conference re: #18 Amended Complaint, Defendants' Request for a Pre-Motion Conference re Motion to Dismiss. addressed to Judge John G. Koeltl from Mark Berkowitz dated June 8, 2023. The parties are directed to appear for a pre-motion conference by telephone on June 26, 2023, at 4:00 p.m. Dial-in: 888-363-4749, with access code 8140049. SO ORDERED.Telephonic Pre-Motion Conference set for 6/26/2023 at 04:00 PM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 6/14/2023) (ama)
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| Filing 29 LETTER MOTION for Conference re: #18 Amended Complaint, Defendants' Request for a Pre-Motion Conference re Motion to Dismiss addressed to Judge John G. Koeltl from Mark Berkowitz dated June 8, 2023. Document filed by Argento SC by Sicura Inc., The T.J.X. Companies, Inc...(Berkowitz, Mark) |
| Filing 28 CASE TRANSFERRED IN from the United States District Court - District of Delaware; Case Number: 1:22-cv-01639. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge John G. Koeltl. 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..(vba) |
| Magistrate Judge Stewart D. Aaron 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. (vba) |
| Case Designated ECF. (vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
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Filing 27
SO ORDERED, re #26 STIPULATION and Order to Transfer Case to U.S. District Court for the Southern District of New York re #24 MEMORANDUM ORDER. Signed by Judge Colm F. Connolly on 5/25/2023. (nmf) [Transferred from Delaware on 5/30/2023.]
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| Filing 26 STIPULATION and Proposed Order to Transfer Case to U.S. District Court for the Southern District of New York re #24 Memorandum and Order,,, by Globefill Incorporated. (Lyons, Jeffrey) [Transferred from Delaware on 5/30/2023.] |
| Pro Hac Vice Attorney John M. Mueller for Globefill Incorporated added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) [Transferred from Delaware on 5/30/2023.] |
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SO ORDERED, re #25 MOTION for Pro Hac Vice Appearance of Attorney John M. Mueller, filed by Globefill Incorporated. Ordered by Judge Colm F. Connolly on 5/19/2023. (kmd) [Transferred from Delaware on 5/30/2023.]
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| Filing 25 MOTION for Pro Hac Vice Appearance of Attorney John M. Mueller - filed by Globefill Incorporated. (Lyons, Jeffrey) [Transferred from Delaware on 5/30/2023.] |
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Filing 24
MEMORANDUM ORDER: 1. On or before May 23, 2023, the parties shall meet and confer to see if they can agree to a transfer of this case to a court that can exercise jurisdiction and venue over all Globefill's claims against all defendants; 2. No later than May 24, 2023, the parties shall file with the Court a joint status report; 3. If the parties do not reach an agreement with respect to transfer as of May 24, Defendants shall file no later than May 30, 2023 a brief, not to exceed 2,500 words, addressing whether (a) a venue exists where all of Globefill's claims may be adjudicated and (b) if so, whether transferring this case in its entirety to that venue is appropriate. Plaintiffs shall file no later than June 6, 2023 an answering brief, not to exceed 2,500 words. Signed by Judge Colm F. Connolly on 22-1639. (nmf) [Transferred from Delaware on 5/30/2023.]
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| Filing 23 REPLY BRIEF re #20 MOTION to Dismiss Based upon Improper Venue, Lack of Personal Jurisdiction and Failure to State Claim filed by Argento SC by Sicura, Inc., The TJX Companies, Inc.. (Liu, Zhao) [Transferred from Delaware on 5/30/2023.] |
| Filing 22 ANSWERING BRIEF in Opposition re #20 MOTION to Dismiss Based upon Improper Venue, Lack of Personal Jurisdiction and Failure to State Claim filed by Globefill Incorporated.Reply Brief due date per Local Rules is 3/10/2023. (Attachments: #1 Exhibit A)(Lyons, Jeffrey) [Transferred from Delaware on 5/30/2023.] |
| Filing 21 OPENING BRIEF in Support re #20 MOTION to Dismiss Based upon Improper Venue, Lack of Personal Jurisdiction and Failure to State Claim filed by Argento SC by Sicura, Inc., The TJX Companies, Inc..Answering Brief/Response due date per Local Rules is 3/3/2023. (Attachments: #1 Exhibit A (Declaration of Steven Scaba))(Liu, Zhao) [Transferred from Delaware on 5/30/2023.] |
| Filing 20 MOTION to Dismiss Based upon Improper Venue, Lack of Personal Jurisdiction and Failure to State Claim - filed by Argento SC by Sicura, Inc., The TJX Companies, Inc.. (Attachments: #1 Text of Proposed Order)(Liu, Zhao) [Transferred from Delaware on 5/30/2023.] |
| Filing 19 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 4,043,730; D589,360 S; 4,195,505; 4,218,759. (nmf) [Transferred from Delaware on 5/30/2023.] |
| Filing 18 First AMENDED COMPLAINT against Argento SC by Sicura, Inc., The TJX Companies, Inc.- filed by Globefill Incorporated. (Attachments: #1 Exhibit A-G, #2 Patent/Trademark Report, #3 Redline Comparison of Complaint and First Amended Complaint)(Lyons, Jeffrey) [Transferred from Delaware on 5/30/2023.] |
| CORRECTING ENTRY: The Patent/Trademark Report attached to the Amended Complaint has been docketed as a separate docket entry. (nmf) [Transferred from Delaware on 5/30/2023.] |
| Filing 17 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Argento SC by Sicura, Inc.. (Liu, Zhao) [Transferred from Delaware on 5/30/2023.] |
| Filing 16 MEMORANDUM in Support re #15 MOTION to Dismiss Based upon Improper Venue, Lack of Personal Jurisdiction and Failure to State Claim filed by Argento SC by Sicura, Inc..Answering Brief/Response due date per Local Rules is 2/9/2023. (Attachments: #1 Exhibit A (Declaration of Steven Scaba))(Liu, Zhao) [Transferred from Delaware on 5/30/2023.] |
| Filing 15 MOTION to Dismiss Based upon Improper Venue, Lack of Personal Jurisdiction and Failure to State Claim - filed by Argento SC by Sicura, Inc.. (Attachments: #1 Text of Proposed Order)(Liu, Zhao) [Transferred from Delaware on 5/30/2023.] |
| Filing 14 DEFICIENCY NOTICE by the Court issued to The TJX Companies, Inc. re #11 MEMORANDUM in Support. Pursuant to the Court's Standing Order Regarding Briefing in All Cases (see D.I. #7 ), dated November 10, 2022, "[t]he covers of briefs filed in connection with all motions except for motions in limine included in a pretrial order shall be as follows: i. Opening Brief Blue; ii. Answering Brief Red; iii. Reply Brief Gray." Courtesy copies of D.I. #11 are not in compliance with the Court's standing order. Please resubmit courtesy copies of your brief with the corrected covers. (kmd) [Transferred from Delaware on 5/30/2023.] |
| Pro Hac Vice Attorney Mark Berkowitz for Argento SC by Sicura, Inc. and The TJX Companies, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) [Transferred from Delaware on 5/30/2023.] |
| Filing 13 MOTION for Pro Hac Vice Appearance of Attorney Mark Berkowitz, Esq. - filed by Argento SC by Sicura, Inc., The TJX Companies, Inc.. (Liu, Zhao) [Transferred from Delaware on 5/30/2023.] |
| Filing 12 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by The TJX Companies, Inc.. (Liu, Zhao) [Transferred from Delaware on 5/30/2023.] |
| Filing 11 MEMORANDUM in Support re #10 MOTION to Dismiss for Failure to State a Claim // Defendant The TJX Companies, Inc.'s Motion for a Partial Dismissal of Plaintiff's Complaint filed by The TJX Companies, Inc..Answering Brief/Response due date per Local Rules is 2/3/2023. (Liu, Zhao) [Transferred from Delaware on 5/30/2023.] |
| Filing 10 MOTION to Dismiss for Failure to State a Claim // Defendant The TJX Companies, Inc.'s Motion for a Partial Dismissal of Plaintiff's Complaint - filed by The TJX Companies, Inc.. (Attachments: #1 Text of Proposed Order)(Liu, Zhao) [Transferred from Delaware on 5/30/2023.] |
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SO ORDERED, re #13 MOTION for Pro Hac Vice Appearance of Attorney Mark Berkowitz, Esq., filed by Argento SC by Sicura, Inc., The TJX Companies, Inc. Ordered by Judge Colm F. Connolly on 1/20/2023. (kmd) [Transferred from Delaware on 5/30/2023.]
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| Filing 9 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Globefill Incorporated. (Lyons, Jeffrey) [Transferred from Delaware on 5/30/2023.] |
| DEFICIENCY NOTICE issued by the Court to Plaintiff. Pursuant to F.R.C.P. 7.1(b)(1), A party must: file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Counsel is requested to supplement the docket with an appropriate Rule 7.1 Disclosure Statement. (smg) [Transferred from Delaware on 5/30/2023.] |
| Filing 8 Return of Service Executed by Globefill Incorporated. Argento SC by Sicura, Inc. served on 1/5/2023, answer due 1/26/2023. (Lyons, Jeffrey) [Transferred from Delaware on 5/30/2023.] |
| Filing 7 STANDING ORDER REGARDING BRIEFING IN ALL CASES (nmf) [Transferred from Delaware on 5/30/2023.] |
| Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) [Transferred from Delaware on 5/30/2023.] |
| Filing 6 Return of Service Executed by Globefill Incorporated. The TJX Companies, Inc. served on 12/30/2022, answer due 1/20/2023. (Lyons, Jeffrey) [Transferred from Delaware on 5/30/2023.] |
| Filing 5 Summons Issued as to Argento SC by Sicura, Inc. on 12/28/2022 and The TJX Companies, Inc. on 12/28/2022. (Attachments: #1 Summons Issued)(mkr) [Transferred from Delaware on 5/30/2023.] |
| Filing 4 Report to the Register of Copyrights for Copyright Number(s)VA 1-766-939. (mkr) [Transferred from Delaware on 5/30/2023.] |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 4,043,730; US D589,360 S. (mkr) [Transferred from Delaware on 5/30/2023.] |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mkr) [Transferred from Delaware on 5/30/2023.] |
| Filing 1 COMPLAINT for TRADEMARK COPYRIGHT INFRINGMENT filed with Jury Demand against Argento SC by Sicura, Inc. and The TJX Companies, Inc. (Filing fee $ 402, receipt number ADEDC-4033058.) - filed by Globefill Incorporated. (Attachments: #1 Exhibit A-E, #2 Civil Cover Sheet)(mkr) [Transferred from Delaware on 5/30/2023.] |
| Remark: Remark: AO 121 Copyright Report and Patent Report mailed to Register of Copyrights. (mkr) [Transferred from Delaware on 5/30/2023.] |
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