TDG Acquisition Company, LLC v. Vuzix Corporation et al
| TDG Acquisition Company, LLC |
| John Doe #1, Paul J. Travers and Vuzix Corporation |
| 6:2013cv06035 |
| January 24, 2013 |
| US District Court for the Western District of New York |
| Rochester Office |
| Monroe |
| Marian W. Payson |
| Charles J. Siragusa |
| Trademark |
| 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
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Filing
38
-CLERK TO FOLLOW UP-DECISION AND ORDER granting 29 Motion for Attorney Fees. Vuzixs motion, ECF No. 29, seeking an award of attorneys fees is granted, but with a reduction to reflect Vuzixs less than total success. The requested fees of $20,710.50, are reduced by one-third, or $6,903.50. The Clerk is directed to enter judgment in the amount of $13,807.00.Signed by Hon. Charles J. Siragusa on 11/6/13. (KAP)
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Filing
26
-CLERK TO FOLLOW UP-DECISION AND ORDER granting 13 Motion to Dismiss. Clerk of the Court is directed to close the case. Signed by Hon. Charles J. Siragusa on 5/8/13. (KAP)
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Filing
10
DECISION ORDER granting in part 3 Motion. The Court having determined that TDG has shown that an immediate and irreparable injury, loss, or damage will result to it before Vuzix can be heard in opposition, and that TDGs counsel has shown that adva nce notice may result in spoliation of evidence, it is hereby ORDERED that said Motion is GRANTED in part. This Court hereby ORDERS:1.Vuzix Corporation to preserve all electronically stored information contained on its email server, including haltin g the routine destruction or overwriting of any log files, including transaction, client access, and mailbox audit logs; database files; or similar files maintained on the email server or any separate disk containing any such files from the email ser ver.2.Vuzix Corporation to preserve all archive, backup, or disaster recovery copies of its email server created from June 15, 2012, to the present date.3.Vuzix Corporation to preserve all communications between Vuzix Corporation and any military, de fense, security, commercial, or industrial organizations.4.TDG is to arrange for service on Vuzix Corporation of the Verified Complaint and this Order, costs to be borne by TDG.This matter has been referred to U.S. Magistrate Judge Marion Payson who will make a determination about TDGs application to obtain a forensic copy of Vuzixs email server and all other discovery matters.Signed by Hon. Charles J. Siragusa on 2/5/13. (KAP)
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