Otter Products, LLC et al v. Smurthwaite et al
Plaintiff: Otter Products, LLC and Treefrog Developments, Inc.
Defendant: Aaron Smurthwaite, P.O. John Does 1-5, Aaron Smurthwaite doing business as Aarons_Giftshop doing business as Smurt-56 doing business as Smurfsupreme and John Does 1-5
Case Number: 7:2022cv04209
Filed: May 23, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Philip M Halpern
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement (Lanham Act)
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 12, 2022 Opinion or Order Filing 13 CLERK'S CERTIFICATE OF DEFAULT as to Aaron Smurthwaite.(km)
July 12, 2022 Opinion or Order Filing 12 DECLARATION of Michael Lee re: #11 Proposed Clerk's Certificate of Default, . Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael)
July 12, 2022 Opinion or Order Filing 11 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/12/2022 (km).
July 12, 2022 Opinion or Order Filing 10 DECLARATION of Michael Lee re: #9 Proposed Clerk's Certificate of Default, . Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael)
July 12, 2022 Opinion or Order Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/12/2022 (km). Modified on 7/12/2022 (km).
July 12, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Michael Lee. RE-FILE Document No. #9 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the information on your clerk's certificate needs to match what is listed in the the proof of service. Your clerk's certificate states that the defendant was personally served, but your proof of service says something different. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (km)
June 29, 2022 Opinion or Order Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint served. Aaron Smurthwaite served on 6/18/2022, answer due 7/11/2022. Document filed by Otter Products, LLC; Treefrog Developments, Inc...(Lee, Michael)
May 24, 2022 Opinion or Order Filing 7 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). (vf)
May 24, 2022 Opinion or Order Filing 6 ELECTRONIC SUMMONS ISSUED as to Aaron Smurthwaite. (vf)
May 24, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT TRADEMARK FORM. Notice to Attorney Michael Lee re: Document No. #3 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the Docket Number field on the AO 120 Patent/Trademark form was not completed by the attorney; the Court Name and/or Location field on the AO 120 Patent/Trademark form was not completed by the attorney. Do not re-file the form. The Court has corrected the deficiency/deficiencies. (vf)
May 24, 2022 Opinion or Order Case Designated ECF. (vf)
May 24, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Lee. The following case opening statistical information was erroneously selected/entered: County code Westchester. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf)
May 24, 2022 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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)
May 24, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Lee. The party information for the following party/parties has been modified: Aaron Smurthwaite. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (vf)
May 24, 2022 Opinion or Order 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
May 23, 2022 Opinion or Order Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Aaron Smurthwaite, re: #1 Complaint. Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael)
May 23, 2022 Opinion or Order Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael)
May 23, 2022 Opinion or Order Filing 3 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Lee, Michael)
May 23, 2022 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Lee, Michael)
May 23, 2022 Opinion or Order Filing 1 COMPLAINT against John Does 1-5, Aaron Smurthwaite. (Filing Fee $ 402.00, Receipt Number ANYSDC-26181660)Document filed by Otter Products, LLC, Treefrog Developments, Inc...(Lee, Michael)

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Plaintiff: Otter Products, LLC
Represented By: Michael Lee
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Plaintiff: Treefrog Developments, Inc.
Represented By: Michael Lee
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Defendant: Aaron Smurthwaite
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Defendant: P.O. John Does 1-5
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Defendant: Aaron Smurthwaite doing business as Aarons_Giftshop doing business as Smurt-56 doing business as Smurfsupreme
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Defendant: John Does 1-5
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