Bestway (USA), Inc. et al v. Merkury Innovations, LLC
| Bestway (USA), Inc. and Bestway Inflatables & Material Corp. |
| Merkury Innovations, LLC |
| 1:2024cv03078 |
| April 22, 2024 |
| US District Court for the Southern District of New York |
| Jennifer H Rearden |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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Filing 28
SETTLEMENT CONFERENCE SCHEDULING ORDER: A settlement conference is scheduled for Friday, June 28, 2024 at 2:30 pm and will take place by videoconference hosted by the Court on the Microsoft Teams platform. The parties must promptly execute and return the annexed Attendance Acknowledgement Form with the names and email addresses of the individuals who will be attending, following which the Courtwill provide the link for the settlement conference. ) As set forth in paragraph 4 of the Standing Order, written submissions must be received by the Court and the opposing party by June 26, 2024 at 12:00 pm. These submissions must be emailed to Chambers at Cave_NYSDChambers@nysd.uscourts.gov; the submissions should not be submitted via the ECF system. Counsel must ensure that their client(s) and insurer(s), if any, have read the other sides submission before the conference. The Clerk of Court is respectfully directed to set this conference as a settlement conference even though it will take place remotely. SO ORDERED. (Settlement Conference set for 6/28/2024 at 02:30 PM before Magistrate Judge Sarah L. Cave.) (Signed by Magistrate Judge Sarah L. Cave on 6/18/24) (yv)
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| Minute Entry for proceedings held before Magistrate Judge Sarah L. Cave: Telephone Conference held on 6/18/2024. Attorneys Margot Wilensky and Jonathan Nikkila appeared on behalf of Plaintiffs. Attorneys Anthony F. Lo Cicero and Richard Mandaro appeared on behalf of Defendant. (ne) |
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Filing 27
TELEPHONE CONFERENCE SCHEDULING ORDER: This action has been referred to the undersigned for Settlement. (ECF No. 26). Accordingly, a telephone conference is scheduled for Tuesday, June 18, 2024 at 10:00 am on the Court's conference line to discuss the parties' interest in a settlement conference. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED (Signed by Magistrate Judge Sarah L. Cave on 6/14/2024) Telephone Conference set for 6/18/2024 at 10:00 AM before Magistrate Judge Sarah L. Cave. (ks)
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Filing 26
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah L. Cave. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 6/13/2024) (jca)
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Filing 25
ORDER granting #24 Letter Motion for Extension of Time to File Response/Reply re #24 JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #1 Complaint, and [10-15] Motion for PI addressed to Judge Jennifer H. Rearden from Richard S. Mandaro dated June 12, 2024. Application GRANTED. By Friday, June 28, 2024, Defendant shall respond to the Complaint and to Plaintiffs' Motion for Preliminary Injunction. This deadline will not be further extended absent extraordinary circumstances. By separate Order today, the Court is referring this matter to Magistrate Judge Cave for settlement. The Clerk of Court is directed to terminate ECF No. 24. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 6/13/2024) (jca)
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| Set/Reset Deadlines: Merkury Innovations, LLC answer due 6/28/2024. (jca) |
| Filing 24 JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #1 Complaint, and [10-15] Motion for PI addressed to Judge Jennifer H. Rearden from Richard S. Mandaro dated June 12, 2024. Document filed by Merkury Innovations, LLC..(Mandaro, Richard) |
| Filing 23 NOTICE OF APPEARANCE by Richard Scott Mandaro on behalf of Merkury Innovations, LLC..(Mandaro, Richard) |
| Filing 22 NOTICE OF APPEARANCE by Anthony F. Lo Cicero on behalf of Merkury Innovations, LLC..(Lo Cicero, Anthony) |
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Filing 21
STIPULATION TO EXTEND TIME TO FILE RESPONSE TO COMPLAINT AND RESPONSE TO MOTION FOR PRELIMINARY INJUNCTION Plaintiffs Bestway (USA), Inc., and Bestway Inflatables & Material Corp. (collectively, "Bestway") and Defendant Merkury Innovations, LLC ("Merkury "), by their respective undersigned counsel, seek an extension of time to June 14, 2024 in which Merkury may file its response to the Complaint (ECF No. 1) and response to Plaintiffs ' Motion for Preliminary Injunction (ECF Nos. 10-15). The parties are engaged in discussions regarding possible resolution of this matter and seek this extension to continue those discussions. This request is brought for good cause to allow the parties sufficient time to explore a resolution of the case, and not for the purpose of delay.Application GRANTED. By Friday, June 14, 2024, Defendant shall respond to the Complaint and to Plaintiffs' Motion for Preliminary Injunction. Any future requests must comply with the Court's Individual Rules and Practices in Civil Cases. See, e.g., Indiv. R. 2.E (requiring that requests for an extension of time be filed as letter-motions and state, inter alia, the "original date" and the "number of previous requests for adjournment or extensions of time," as well as "any other existing deadlines, and whether the requested adjournment or extension would affect those deadlines[.]"). The Clerk of Court is directed to terminate ECF No. 20. SO ORDERED. Merkury Innovations, LLC answer due 6/14/2024. (Responses due by 6/14/2024) (Signed by Judge Jennifer H. Rearden on 5/22/2024) (jca)
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| Filing 20 MOTION for Extension of Time to File Answer and respond to PI motion. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp.. (Attachments: #1 Proposed Order extending time to answer and respond to PI motion).(Wilensky, Margot) |
| Filing 19 AFFIDAVIT OF SERVICE of Notice of Motion, Letter to Court, Order, Proposed Order, Notice of Motion, Letter to Court, Order, Proposed Order, Declaration, Declaration, Motion for Preliminary Declaration, Declaration, Motion for Preliminary Injunction, served on Merkury Innovations LLC, on May 8, 2024. Service was accepted by Employee Authorized to Steve Leave who as Employee. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp.. (Attachments: #1 Errata 1 A Merkury Innovations LLC Affirmation of Service).(Wilensky, Margot) |
| Filing 18 AFFIDAVIT OF SERVICE of Plaintiffs Notice of Motion for Preliminary Injunction, with associated: oMemorandum of Law; oDeclaration of Margot N. Wilensky with Exhibits; oDeclaration of Patrizio Fumagalli; oProposed Order; oLetter to Court Requesting Oral Argument in Connection with Motion; and oOrder issued by Hon. Jennifer H. Rearden, U.S.D.J., dated May 7, 2024, directing service of the Summons and Complaint and Preliminary Injunction Motion. served on MERKURY INNOVATIONS, LLC on May 8, 2024. Service was made by FEDEX. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp...(Wilensky, Margot) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons, Complaint served on Merkury Innovations LLC on May 3, 2024. Service was accepted by Chu Chi. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp.. (Attachments: #1 Exhibit 1 A Merkury Innovations LLC Affirmation of Service).(Wilensky, Margot) |
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Filing 16
ORDER: Plaintiffs commenced this action on April 22, 2024, see ECF No. 1, and filed a motion for a preliminary injunction on May 3, 2024, see ECF Nos. 10-15. The docket does not reflect that Plaintiffs have served Defendant with the summons and Complaint or with Plaintiffs' motion for a preliminary injunction and supporting papers. It is hereby ORDERED that, within two business days of the date of this Order, Plaintiffs shall serve on Defendant, by personal service and also by overnight courier, (i) the summons and Complaint; (ii) Plaintiffs' motion for a preliminary injunction and supporting papers; and (iii) a copy of this Order. Within two business days of service, Plaintiff shall file proof of such service. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/7/2024) (rro)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #14 Proposed Order was reviewed and approved as to form. (nd) |
| Filing 15 LETTER MOTION for Oral Argument RE :PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION addressed to Judge Jennifer H. Rearden from Margot N. Wilensky dated May 3, 2024. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp...(Wilensky, Margot) |
| Filing 14 PROPOSED ORDER. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp.. Related Document Number: #10 ..(Wilensky, Margot) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 13 DECLARATION of Fumagalli in Support re: #10 MOTION for Preliminary Injunction .. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp...(Wilensky, Margot) |
| Filing 12 DECLARATION of Margot N. Wilensky in Support re: #10 MOTION for Preliminary Injunction .. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp.. (Attachments: #1 Exhibit Mtn Ex. A_Registration Certificate_4,741,874, #2 Exhibit Mtn Ex. B_Registration Certificate_4,940,366, #3 Exhibit Mtn Ex. C_Registration Certificate_6,700,936).(Wilensky, Margot) |
| Filing 11 MEMORANDUM OF LAW in Support re: #10 MOTION for Preliminary Injunction . . Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp...(Wilensky, Margot) |
| Filing 10 MOTION for Preliminary Injunction . Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp...(Wilensky, Margot) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bestway Enterprise Co. Ltd., Corporate Parent Bestway Global Holding Company Inc. for Bestway (USA), Inc., Bestway Inflatables & Material Corp.. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp...(Wilensky, Margot) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Margot Nicole Wilensky to RE-FILE Document No. #3 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (kw) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Merkury Innovations, LLC. (vf) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to MERKURY INNOVATIONS, LLC, re: #1 Complaint,. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp...(Wilensky, Margot) |
| Filing 6 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)..(sj) |
| 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. (sj) |
| Case Designated ECF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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..(sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Margot Nicole Wilensky to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Plaintiff's attorney information omitted on PDF. 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. (sj) |
| Filing 5 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Merkury Innovations, LLC, re: #1 Complaint. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp..(Wilensky, Margot) Modified on 4/23/2024 (sj). |
| Filing 4 CIVIL COVER SHEET filed..(Wilensky, Margot) |
| Filing 3 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp...(Wilensky, Margot) Modified on 4/25/2024 (kw). |
| Filing 2 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Wilensky, Margot) |
| Filing 1 COMPLAINT against Merkury Innovations, LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-29256350)Document filed by Bestway (USA), Inc., Bestway Inflatables & Material Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Wilensky, Margot) |
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