Trove Brands LLC et al v. Jia Wei Lifestyle Inc
| Trove Brands LLC A Utah limited liability company doing business as The Blenderbottle Company and Runway Blue LLC |
| Jia Wei Lifestyle Inc |
| 1:2024cv03050 |
| April 22, 2024 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Patent |
| 15 U.S.C. § 1126 Trademark - International Conventions |
| Plaintiff |
Docket Report
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| Filing 23 CASE TRANSFERRED IN from the United States District Court - District of Utah; Case Number: 2:23-cv-00743. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Paul A. Engelmayer. 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 Sarah Netburn 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. (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) |
Filing 22
ORDER granting #20 Motion to Transfer: The court hereby ORDERS that this action be transferred to the United States District Court for the Southern District of New York. Defendant shall answer the complaint within thirty-five days of the transfer. Signed by Judge Jill N. Parrish on 3/27/24. (dle) [Transferred from Utah on 4/22/2024.]
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| Filing 21 Motions No Longer Referred to Magistrate Judge Jared C. Bennett: #20 Stipulated MOTION to Change Venue. District Judge Jill N. Parrish will handle this motion. (lc) [Transferred from Utah on 4/22/2024.] |
| Filing 20 Stipulated MOTION to Change Venue filed by Plaintiff Trove Brands LLC. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Pehrson, Chad) [Transferred from Utah on 4/22/2024.] |
| Filing 19 STIPULATION (JOINT) TO TRANSFER THE CASE TO THE SOUTHERN DISTRICT OF NEW YORK by Trove Brands LLC. (Attachments: #1 Text of Proposed Order Order Granting Joint Stipulation to Transfer the Case to the Southern District of New York)(Pehrson, Chad) [Transferred from Utah on 4/22/2024.] |
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Filing 18
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 11/29/2023. (haa) [Transferred from Utah on 4/22/2024.]
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Filing 17
ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 11/29/2023. (lwh) [Transferred from Utah on 4/22/2024.]
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Filing 16
ORDER granting #14 Motion for Admission Pro Hac Vice of Attorney Jacob Rosenbaum for Runway Blue LLC and Trove Brands LLC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Jill N. Parrish on 11/29/2023. (alf) [Transferred from Utah on 4/22/2024.]
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Filing 15
ORDER granting #13 Motion for Admission Pro Hac Vice of Attorney Christian D. Boettcher for Runway Blue LLC and Trove Brands LLC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Jill N. Parrish on 11/29/2023. (alf) [Transferred from Utah on 4/22/2024.]
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| Filing 14 MOTION for Admission Pro Hac Vice of Jacob R. Rosenbaum , Registration fee $ 50, receipt number AUTDC-4889579,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Runway Blue LLC, Trove Brands LLC. (Attachments: #1 Exhibit 1 - Application for PHV Admission, #2 Exhibit 2 - Proposed Order, #3 Text of Proposed Order)(Pehrson, Chad) [Transferred from Utah on 4/22/2024.] |
| Filing 13 MOTION for Admission Pro Hac Vice of Christian D. Boettcher , Registration fee $ 50, receipt number BUTDC-4889578,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Runway Blue LLC, Trove Brands LLC. (Attachments: #1 Exhibit 1 - Application for PHV Admission, #2 Exhibit 2 - Proposed Order, #3 Text of Proposed Order)(Pehrson, Chad) [Transferred from Utah on 4/22/2024.] |
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Filing 12
CIVIL STANDING ORDER Signed by Judge Jill N. Parrish on 11/21/2023. (lwh) [Transferred from Utah on 4/22/2024.]
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Filing 11
DOCKET TEXT ORDER denying #8 Motion for Admission Pro Hac Vice of Jacob R. Rosenbaum. Mr. Rosenbaum did not file the most recent pro hac vice application and therefore the court must deny the motion without prejudice. Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Jill N. Parrish on 11/14/2023. No attached document. (lwh) [Transferred from Utah on 4/22/2024.]
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Filing 10
DOCKET TEXT ORDER denying #7 Motion for Admission Pro Hac Vice of Ali S. Razai. Ms. Razai did not file the most recent pro hac vice application and therefore the court must deny the motion without prejudice.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Jill N. Parrish on 11/14/2023. No attached document. (lwh) [Transferred from Utah on 4/22/2024.]
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Filing 9
DOCKET TEXT ORDER denying #6 Motion for Admission Pro Hac Vice of Christian D. Boettcher. Mr. Boettcher did not file the most recent pro hac vice application and therefore the court must deny the motion without prejudice. Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Jill N. Parrish on 11/14/2023. No attached document. (lwh) [Transferred from Utah on 4/22/2024.]
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| Filing 8 MOTION for Admission Pro Hac Vice of Jacob R. Rosenbaum , Registration fee $ 50, receipt number AUTDC-4874492,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Runway Blue LLC, Trove Brands LLC. (Attachments: #1 Exhibit 1 - Application for PHV Admission, #2 Exhibit 2 - Proposed Order, #3 Text of Proposed Order)(Pehrson, Chad) [Transferred from Utah on 4/22/2024.] |
| Filing 7 MOTION for Admission Pro Hac Vice of Ali S. Razai , Registration fee $ 50, receipt number AUTDC-4874483,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Runway Blue LLC, Trove Brands LLC. (Attachments: #1 Exhibit 1 - Application for PHV Admission, #2 Exhibit 2 - Proposed Order, #3 Text of Proposed Order)(Pehrson, Chad) [Transferred from Utah on 4/22/2024.] |
| Filing 6 MOTION for Admission Pro Hac Vice of Christian D. Boettcher , Registration fee $ 50, receipt number BUTDC-4874476,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Runway Blue LLC, Trove Brands LLC. (Attachments: #1 Exhibit 1 - Application for PHV Admission, #2 Exhibit 2 - Proposed Order, #3 Text of Proposed Order)(Pehrson, Chad) [Transferred from Utah on 4/22/2024.] |
| Filing 5 Summons Issued Electronically as to Jia Wei Lifestyle Inc. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec) [Transferred from Utah on 4/22/2024.] |
| Filing 4 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (haa) [Transferred from Utah on 4/22/2024.] |
| Filing 3 Case Reassigned to Judge Jill N. Parrish. Magistrate Judge Daphne A. Oberg no longer assigned to the case, Patent cases are ineligible for magistrate judge initial assignment. Case number will now read 2:23-cv-00743-JNP. Please make changes to document captions accordingly. (nl) [Transferred from Utah on 4/22/2024.] |
| Filing 2 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice mailed to attorney Ali S. Razai, Jacob R. Rosenbaum, Christian D. Boettcher for Runway Blue LLC, Trove Brands LLC (sg) [Transferred from Utah on 4/22/2024.] |
| Magistrate Judge Daphne A. Oberg added. Case number will now read 2:23-cv-00743-DAO. Please make changes to document captions accordingly. (sg) [Transferred from Utah on 4/22/2024.] |
| Filing 1 COMPLAINT against Jia Wei Lifestyle, Inc. (Filing fee $ 402, receipt number AUTDC-4845969) filed by Trove Brands, LLC d/b/a The BlenderBottle Company, Runway Blue, LLC. (Attachments: #1 Exhibit 1 - Registration Certificate - Lid Trade Dress, #2 Exhibit 2 - US Patent No. D696551, #3 Exhibit 3 - US Patent No. 8695830, #4 Exhibit 4 - Trove Brands Infringement Letter to Walmart 15Mar2022, #5 Exhibit 5 - January 20 2023 Correspondence to Defendant, #6 Exhibit 6 - 830 Claim Chart, #7 Civil Cover Sheet Civil Cover Sheet) (Pehrson, Chad) [Transferred from Utah on 4/22/2024.] |
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