Gucci America, Inc. v. Sam's West, Inc. et al
Plaintiff: Gucci America, Inc.
Defendant: Sam's West, Inc. doing business as Sam's Club, Brothers Trading Co., Inc. doing business as Pinnacle Trading Company, ASL Industries, Inc. and Does 1-10
Case Number: 1:2023cv10246
Filed: November 21, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: J Paul Oetken
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement (Lanham Act)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 12, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 12, 2024 Opinion or Order Filing 23 ORDER granting #22 Letter Motion for Extension of Time to Answer: Granted. Defendants shall move, answer, or otherwise respond to the complaint on or before February 20, 2024. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (dgl)
January 12, 2024 Filing 22 SECOND LETTER MOTION for Extension of Time to File Answer re: 19 Order on Motion for Extension of Time to Answer, #1 Complaint, addressed to Judge J. Paul Oetken from Barry Werbin dated January 12, 2024. Document filed by ASL Industries, Inc., Brothers Trading Co., Inc., Sam's West, Inc...(Werbin, Barry)
December 20, 2023 Filing 21 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Brothers Trading Co., Inc. served on 11/28/2023, answer due 1/19/2024. Service was accepted by McKenzie Hartman, service of process intake of CSC, the Registered Agent of Service. Document filed by Gucci America, Inc...(Eudy, Parker)
December 20, 2023 Filing 20 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Sam's West, Inc. served on 11/28/2023, answer due 1/19/2024. Service was accepted by Pat Flake, Legal Analyst. Document filed by Gucci America, Inc...(Eudy, Parker)
December 13, 2023 Opinion or Order Filing 19 ORDER granting #18 Letter Motion for Extension of Time to Answer: Granted. Defendants shall move, answer, or otherwise respond to the complaint on or before January 19, 2024. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (dgl)
December 13, 2023 Filing 18 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, or otherwise respond addressed to Judge J. Paul Oetken. Document filed by ASL Industries, Inc., Brothers Trading Co., Inc., Sam's West, Inc...(Werbin, Barry)
December 13, 2023 Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brothers Trading Co., Inc...(Werbin, Barry)
December 13, 2023 Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ASL Industries, Inc...(Werbin, Barry)
December 13, 2023 Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent WALMART INC. for Sam's West, Inc.. Document filed by Sam's West, Inc...(Werbin, Barry)
December 13, 2023 Filing 14 NOTICE OF APPEARANCE by Barry Werbin on behalf of ASL Industries, Inc., Brothers Trading Co., Inc., Sam's West, Inc...(Werbin, Barry)
December 13, 2023 Filing 13 NOTICE OF APPEARANCE by Darlene B. Fairman on behalf of ASL Industries, Inc., Brothers Trading Co., Inc., Sam's West, Inc...(Fairman, Darlene)
November 22, 2023 Filing 12 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)
November 22, 2023 Filing 11 ELECTRONIC SUMMONS ISSUED as to ASL Industries, Inc...(gp)
November 22, 2023 Filing 10 ELECTRONIC SUMMONS ISSUED as to Brothers Trading Co., Inc...(gp)
November 22, 2023 Filing 9 ELECTRONIC SUMMONS ISSUED as to Sam's West, Inc...(gp)
November 22, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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)
November 22, 2023 Magistrate Judge Sarah L. Cave is designated to handle matters that may be referred in this case. 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)
November 22, 2023 Case Designated ECF. (gp)
November 22, 2023 ADD PARTY FOR PLEADING. Defendants/Respondents Does 1-10 added. Party added pursuant to #1 Complaint,.Document filed by Gucci America, Inc.. Related document: #1 Complaint,..(Margiotta, John)
November 21, 2023 Filing 8 NOTICE OF APPEARANCE by Parker Eudy on behalf of Gucci America, Inc...(Eudy, Parker)
November 21, 2023 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to ASL Industries Inc., re: #1 Complaint,. Document filed by Gucci America, Inc...(Margiotta, John)
November 21, 2023 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Brothers Trading Co., Inc., d/b/a Pinnacle Trading Company, re: #1 Complaint,. Document filed by Gucci America, Inc...(Margiotta, John)
November 21, 2023 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Sams West, Inc., d/b/a Sams Club, re: #1 Complaint,. Document filed by Gucci America, Inc...(Margiotta, John)
November 21, 2023 Filing 4 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Margiotta, John)
November 21, 2023 Filing 3 CIVIL COVER SHEET filed..(Margiotta, John)
November 21, 2023 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Kering SA, Other Affiliate Kering Holland NV, Other Affiliate Kering Americas, Inc. for Gucci America, Inc.. Document filed by Gucci America, Inc...(Margiotta, John)
November 21, 2023 Filing 1 COMPLAINT against ASL Industries, Inc., Brothers Trading Co., Inc., Sam's West, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28602277)Document filed by Gucci America, Inc.. (Attachments: #1 Exhibit A - Registrations).(Margiotta, John)

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Plaintiff: Gucci America, Inc.
Represented By: John Paul Margiotta
Represented By: Parker Eudy
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Defendant: Sam's West, Inc. doing business as Sam's Club
Represented By: Barry Werbin
Represented By: Darlene B. Fairman
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Defendant: Brothers Trading Co., Inc. doing business as Pinnacle Trading Company
Represented By: Barry Werbin
Represented By: Darlene B. Fairman
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Defendant: ASL Industries, Inc.
Represented By: Barry Werbin
Represented By: Darlene B. Fairman
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Defendant: Does 1-10
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