Radio Flyer Inc v. Schaeffer et al
Plaintiff: Radio Flyer Inc
Defendant: Howard Sperling, Dave Fox, Mark H. Schaeffer, David Kerzner, Barry Wiesenfeld and Nikolaz Rael
Case Number: 7:2019cv00559
Filed: January 18, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Vincent L Briccetti
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 28, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 28, 2019 Filing 25 NOTICE OF APPEARANCE by Anders Weston Pauley on behalf of Radio Flyer Inc. (Pauley, Anders)
January 23, 2019 Filing 24 ELECTRONIC SUMMONS ISSUED as to Dave Fox. (pc)
January 23, 2019 Filing 23 ELECTRONIC SUMMONS ISSUED as to Mark H. Schaeffer. (pc)
January 23, 2019 Filing 22 ELECTRONIC SUMMONS ISSUED as to Barry Wiesenfeld. (pc)
January 23, 2019 Filing 21 ELECTRONIC SUMMONS ISSUED as to David Kerzner. (pc)
January 23, 2019 Filing 20 ELECTRONIC SUMMONS ISSUED as to Howard Sperling. (pc)
January 23, 2019 Filing 19 ELECTRONIC SUMMONS ISSUED as to Nikolaz Rael. (pc)
January 23, 2019 Filing 18 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)
January 23, 2019 Civil Case Opening Fee Paid electronically via Pay.gov: for #9 Complaint,. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-16215048, paid on 1/18/2019. (pc)
January 23, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David S. Pegno. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc)
January 23, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (pc)
January 23, 2019 Magistrate Judge Paul E. Davison 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: #http://nysd.uscourts.gov/forms.php. (pc)
January 23, 2019 Case Designated ECF. (pc)
January 22, 2019 Filing 17 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review. (Attachments: #1 Exhibit A-Trademark numbers)(Pegno, David)
January 22, 2019 Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Barry Wiesenfeld, re: #9 Complaint,. Document filed by Radio Flyer Inc. (Pegno, David)
January 22, 2019 Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Howard Sperling, re: #9 Complaint,. Document filed by Radio Flyer Inc. (Pegno, David)
January 22, 2019 Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Mark H. Schaeffer, re: #9 Complaint,. Document filed by Radio Flyer Inc. (Pegno, David)
January 22, 2019 Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Nikolaz Rael, re: #9 Complaint,. Document filed by Radio Flyer Inc. (Pegno, David)
January 22, 2019 Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to David Kerzner, re: #9 Complaint,. Document filed by Radio Flyer Inc. (Pegno, David)
January 22, 2019 Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Dave Fox, re: #9 Complaint,. Document filed by Radio Flyer Inc. (Pegno, David)
January 22, 2019 Filing 10 CIVIL COVER SHEET filed. (Pegno, David)
January 22, 2019 Filing 9 COMPLAINT against Dave Fox, David Kerzner, Nikolaz Rael, Mark H. Schaeffer, Howard Sperling, Barry Wiesenfeld. Document filed by Radio Flyer Inc. (Attachments: #1 Exhibit A-representative samples of articles, #2 Exhibit B-Registration certificates, #3 Exhibit C-website screenshots)(Pegno, David)
January 22, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney David S. Pegno to RE-FILE Document No. #1 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil cover sheet was not signed. (pc)
January 22, 2019 ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney David S. Pegno to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 1/28/2019. (pc)
January 22, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David S. Pegno to RE-FILE Document No. #6 Request for Issuance of Summons, #3 Request for Issuance of Summons, #4 Request for Issuance of Summons, #7 Request for Issuance of Summons, #8 Request for Issuance of Summons, #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): EACH SUMMONS ARE NOT LINKED UP TO ANY PLEADINGS. 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. (pc)
January 18, 2019 Filing 8 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Barry Wiesenfeld, re: Complaint. Document filed by Radio Flyer Inc. (Pegno, David) Modified on 1/22/2019 (pc).
January 18, 2019 Filing 7 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Howard Sperling, re: Complaint. Document filed by Radio Flyer Inc. (Pegno, David) Modified on 1/22/2019 (pc).
January 18, 2019 Filing 6 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Mark H. Schaeffer, re: Complaint. Document filed by Radio Flyer Inc. (Pegno, David) Modified on 1/22/2019 (pc).
January 18, 2019 Filing 5 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Nikolaz Rael, re: Complaint. Document filed by Radio Flyer Inc. (Pegno, David) Modified on 1/22/2019 (pc).
January 18, 2019 Filing 4 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Dave Fox, re: Complaint. Document filed by Radio Flyer Inc. (Pegno, David) Modified on 1/22/2019 (pc).
January 18, 2019 Filing 3 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to David Kerzner, re: Complaint. Document filed by Radio Flyer Inc. (Pegno, David) Modified on 1/22/2019 (pc).
January 18, 2019 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Radio Flyer Inc.(Pegno, David)
January 18, 2019 Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed. (Pegno, David) Modified on 1/22/2019 (pc).

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Defendant: Howard Sperling
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Defendant: Dave Fox
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Defendant: Mark H. Schaeffer
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Defendant: David Kerzner
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Defendant: Barry Wiesenfeld
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Defendant: Nikolaz Rael
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Plaintiff: Radio Flyer Inc
Represented By: David S. Pegno
Represented By: Anders Weston Pauley
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