Geneva Laboratories Limited et al v. SPTJ Enterprise, Inc. et al
| Geneva Laboratories Limited and Union-Swiss (Proprietary) Limited |
| SPTJ Enterprise, Inc., Shine Corp., Suzanna Kim, Kap Sang Kim, SPTJ Enterprise, Inc. doing business as Beauty Zone, Susanna Hyon Kim, Kapsang Kim, Companies 1-5 and John Does 1-5 |
| 1:2023cv10595 |
| December 5, 2023 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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Filing 28
MEMO ENDORSEMENT on re: #27 Letter filed by Union-Swiss (Proprietary) Limited, Geneva Laboratories Limited. ENDORSEMENT: By February 23, 2024, Plaintiffs are directed to update the Court on the progress of settlement negotiations and, if the case has not settled, their intent to prosecute this case. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/25/2024) (tg)
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| Filing 27 LETTER addressed to Judge Vernon S. Broderick from Richard Straussman dated January 24, 2024 re: January 19 Order (ECF Doc. 26). Document filed by Geneva Laboratories Limited, Union-Swiss (Proprietary) Limited..(Straussman, Richard) |
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Filing 26
ORDER: Accordingly, if Plaintiffs intend to seek a default judgment, they are directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than January 25, 2024. If Plaintiffs fail to do so or otherwise demonstrate that they intend to prosecute this litigation, I may dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/19/2024) (rro)
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| Filing 25 AFFIDAVIT OF SERVICE of Summons and Complaint. Shine Corp. served on 12/21/2023, answer due 1/11/2024. Service was accepted by David Decter, Managing Agent. Document filed by Union-Swiss (Proprietary) Limited; Geneva Laboratories Limited..(Straussman, Richard) |
| Filing 24 AFFIDAVIT OF SERVICE of Summons and Complaint. Kap Sang Kim served on 12/14/2023, answer due 1/4/2024. Service was accepted by Suzanna Kim. Document filed by Union-Swiss (Proprietary) Limited; Geneva Laboratories Limited..(Straussman, Richard) |
| Filing 23 AFFIDAVIT OF SERVICE of Summons and Complaint. Suzanna Kim served on 12/14/2023, answer due 1/4/2024. Service was accepted by Suzanna Kim. Document filed by Union-Swiss (Proprietary) Limited; Geneva Laboratories Limited..(Straussman, Richard) |
| Filing 22 AFFIDAVIT OF SERVICE of Summons and Complaint. SPTJ Enterprise, Inc. served on 12/28/2023, answer due 1/18/2024. Service was accepted by Mr. Yun. Document filed by Union-Swiss (Proprietary) Limited; Geneva Laboratories Limited..(Straussman, Richard) |
| Filing 21 NOTICE OF APPEARANCE by Kenneth Scott Weitzman on behalf of Geneva Laboratories Limited, Union-Swiss (Proprietary) Limited..(Weitzman, Kenneth) |
| Filing 20 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) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Kap Sang Kim. (vf) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Shine Corp.. (vf) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Suzanna Kim. (vf) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to SPTJ Enterprise, Inc.. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Richard Straussman. The party information for the following party/parties has been modified: SPTJ Enterprise, Inc., Suzanna Kim, Kap Sang Kim. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (vf) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Companies 1-5, John Does 1-5 added. Party added pursuant to #1 Complaint, #10 Complaint.Document filed by Geneva Laboratories Limited, Union-Swiss (Proprietary) Limited. Related document: #1 Complaint, #10 Complaint..(Straussman, Richard) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard Straussman re: Document No. #10 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add party Companies 1-5; John Does 1-5. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (vf) |
| Filing 15 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Straussman, Richard) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to KAP SANG KIM (a/k/a KAPSANG KIM), re: #1 Complaint, #10 Complaint. Document filed by Geneva Laboratories Limited, Union-Swiss (Proprietary) Limited..(Straussman, Richard) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to SHINE CORP., re: #1 Complaint, #10 Complaint. Document filed by Geneva Laboratories Limited, Union-Swiss (Proprietary) Limited..(Straussman, Richard) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to SUZANNA KIM (a/k/a SUSANNA HYON KIM), re: #1 Complaint, #10 Complaint. Document filed by Geneva Laboratories Limited, Union-Swiss (Proprietary) Limited..(Straussman, Richard) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to SPTJ ENTERPRISE, INC., re: #1 Complaint, #10 Complaint. Document filed by Geneva Laboratories Limited, Union-Swiss (Proprietary) Limited..(Straussman, Richard) |
| Filing 10 COMPLAINT against Kap Sang Kim, Suzanna Kim, SPTJ Enterprise, Inc., Shine Corp.. Document filed by Geneva Laboratories Limited, Union-Swiss (Proprietary) Limited. (Attachments: #1 Exhibit Trademark Registrations).(Straussman, Richard) |
| Filing 9 CIVIL COVER SHEET filed..(Straussman, Richard) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Richard Straussman to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; 2nd page of Form not provided. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Richard Straussman. The following case opening statistical information was erroneously selected/entered: Dollar Demand $16,000,000,000; County code Bronx. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 9,999,000; the County code has been modified to XX Out of U.S. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Richard Straussman. The party information for the following party/parties has been modified: Geneva Laboratories Limited, Union-Swiss (Proprietary) Limited. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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..(vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard Straussman to RE-FILE re: Document No. #1 Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Richard Straussman to RE-FILE Document No. #4 Request for Issuance of Summons, #7 Request for Issuance of Summons, #6 Request for Issuance of Summons, #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the defendant party names listed on the pleading were not entered on CM ECF; The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| ADD PARTY FOR PLEADING. Defendants/Respondents SPTJ Enterprise, Inc., Shine Corp., Suzanna Kim, Kap Sang Kim added. Party added pursuant to #1 Complaint,.Document filed by Geneva Laboratories Limited, Union-Swiss (Proprietary) Limited. Related document: #1 Complaint,..(Straussman, Richard) |
| Case Designated ECF. (vf) |
| Magistrate Judge Valerie Figueredo 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. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT TRADEMARK FORM. Notice to Attorney Richard Straussman to RE-FILE re: Document No. #8 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the AO 120 Patent/Trademark form is not correct; Defendant field party name error on the AO 120 Patent/Trademark form, If all party names do not fit include "et al". Re-file the document using the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 120 Patent/Trademark PDF form. (vf) |
| Filing 8 FILING ERROR - DEFICIENT- AO 120 FORM TRADEMARK - AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Straussman, Richard) Modified on 12/6/2023 (vf). |
| Filing 7 FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to Kap Sang Kim (a/k/a Kapsang Kim), re: #1 Complaint,. Document filed by Geneva Laboratories Limited, Union-Swiss (Proprietary) Limited..(Straussman, Richard) Modified on 12/6/2023 (vf). |
| Filing 6 FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to Shine Corp., re: #1 Complaint,. Document filed by Geneva Laboratories Limited, Union-Swiss (Proprietary) Limited..(Straussman, Richard) Modified on 12/6/2023 (vf). |
| Filing 5 FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to Suzanna Kim (a/k/a Susanna Hyon Kim), re: #1 Complaint,. Document filed by Geneva Laboratories Limited, Union-Swiss (Proprietary) Limited..(Straussman, Richard) Modified on 12/6/2023 (vf). |
| Filing 4 FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to SPTJ ENTERPRISE, INC., re: #1 Complaint,. Document filed by Geneva Laboratories Limited, Union-Swiss (Proprietary) Limited..(Straussman, Richard) Modified on 12/6/2023 (vf). |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Geneva Laboratories Limited, Union-Swiss (Proprietary) Limited..(Straussman, Richard) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Straussman, Richard) Modified on 12/6/2023 (vf). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against Geneva Laboratories Limited, Union-Swiss (Proprietary) Limited. (Filing Fee $ 405.00, Receipt Number ANYSDC-28651929)Document filed by Geneva Laboratories Limited, Union-Swiss (Proprietary) Limited. (Attachments: #1 Exhibit Trademark Registrations).(Straussman, Richard) Modified on 12/6/2023 (vf). |
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