Apparatus LLC v. Wayfair LLC
Plaintiff: Apparatus LLC
Defendant: Wayfair LLC
Case Number: 1:2023cv06991
Filed: August 8, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Colleen McMahon
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114 Trademark Infringement (Lanham Act)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 25, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 25, 2023 Opinion or Order Filing 11 ORDER granting #10 Letter Motion for Extension of Time. OK. (Signed by Judge Colleen McMahon on 9/25/2023) (rro)
September 21, 2023 Filing 10 CONSENT LETTER MOTION for Extension of Time to Submit Civil Case Management Plan addressed to Judge Colleen McMahon from Marc P. Misthal dated September 21, 2023. Document filed by Apparatus LLC..(Misthal, Marc)
September 6, 2023 Opinion or Order Filing 9 ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: It is hereby, ORDERED as follows: Counsel receiving this order shall contact all counsel of record (or where a party is not yet represented, such party) and, if necessary, provide them with a copy of this order. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must participate in a telephone conference on 11/16/2023 at 11:30 a.m. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. (Initial Conference set for 11/16/2023 at 11:30 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 9/6/23) (yv)
August 9, 2023 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)..(jgo)
August 9, 2023 Filing 7 ELECTRONIC SUMMONS ISSUED as to Wayfair LLC..(jgo)
August 9, 2023 Filing 6 NOTICE OF APPEARANCE by Patrick Burke Monahan on behalf of Apparatus LLC..(Monahan, Patrick)
August 9, 2023 Case Designated ECF. (jgo)
August 9, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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..(jgo)
August 9, 2023 Magistrate Judge Barbara C. Moses 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. (jgo)
August 8, 2023 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Wayfair LLC, re: #1 Complaint,. Document filed by Apparatus LLC..(Misthal, Marc)
August 8, 2023 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Apparatus Holdings, LLC, Corporate Parent Apparatus Parent, LLC for Apparatus LLC. Document filed by Apparatus LLC..(Misthal, Marc)
August 8, 2023 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)
August 8, 2023 Filing 2 CIVIL COVER SHEET filed..(Misthal, Marc)
August 8, 2023 Filing 1 COMPLAINT against Wayfair LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28120627)Document filed by Apparatus LLC. (Attachments: #1 Exhibit A - Cloud Trademark Registration Information, #2 Exhibit B - Selection of Press Coverage, #3 Exhibit C - Dharmendr 3 Fixture, #4 Exhibit D - 4.17.2023 Notice Letter, #5 Exhibit E - Flux Fixture, #6 Exhibit F - Contemporary Fixture).(Misthal, Marc)

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Plaintiff: Apparatus LLC
Represented By: Marc P. Misthal
Represented By: Patrick Burke Monahan
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Defendant: Wayfair LLC
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