CLEAR DEFENSE, L.L.C. v. CLEARDEFENSE PEST CONTROL OF GREENSBORO, LLC et al
| CLEAR DEFENSE, L.L.C. |
| CLEARDEFENSE PEST CONTROL OF CHARLOTTE, LLC, CLEARDEFENSE PEST CONTROL OF RALEIGH, LLC and CLEARDEFENSE PEST CONTROL OF GREENSBORO, LLC |
| 1:2017cv01139 |
| December 22, 2017 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Guilford |
| JOI ELIZABETH PEAKE |
| THOMAS D SCHROEDER |
| Trademark |
| 15 U.S.C. § 1125 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 14, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 30 FINAL JUDGMENT AND PERMANENT INJUNCTIONBY CONSENT, signed by CHIEF JUDGE THOMAS D. SCHROEDER on 6/14/2019, as set out herein.(Butler, Carol) |
| Case Reported Settled at Mediation (Gammon, Cheryl) |
| Filing 28 Joint MOTION to Approve Consent Judgment by CLEARDEFENSE PEST CONTROL OF CHARLOTTE, LLC, CLEARDEFENSE PEST CONTROL OF GREENSBORO, LLC, CLEARDEFENSE PEST CONTROL OF RALEIGH, LLC. (Attachments: #1 Text of Proposed Order Final Judgment and Permanent Injunction)(GRAEBE, CHRISTOPHER) |
| Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #28 Joint MOTION to Approve Consent Judgment. (Engle, Anita) |
| Filing 27 NOTICE of Hearing: JULY Master Trial Calendar: Jury Trial set for 7/6/2020 at 09:30 AM in Unassigned Courtroom before UNASSIGNED JUDGE. Pretrial disclosures due 6/5/2020. Motions in limine due 6/12/2020. Any objections to pretrial disclosures and responses to motions in limine due 6/19/2020. Trial brief along with proposed instructions due 6/15/2020. (Engle, Anita) |
Filing 26
ORDER Appointing ROBERT A. BEASON as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl)
|
| MEDIATION SCHEDULING ORDER ; Mediation due by 9/27/2019. (Gammon, Cheryl) |
|
Filing 25
ORDER signed by Magistrate Judge Joi Elizabeth Peake on 01/08/2019, that the parties' Joint rule 26(f) Report #24 is approved as submitted and as noted herein. Mediation due by 9/27/2019. Plaintiff's Amended Pleadings due by 4/26/2019. Defendant's Amended Pleadings due by 4/26/2019. Discovery due by 9/27/2019. Joinder of Parties for Plaintiff due by 4/26/2019. Joinder of Parties for Defendant due by 4/26/2019.The parties have agreed that Robert Beason will mediate this case. The parties do not consent to refer this case to a Magistrate Judge. A jury trial has been demanded. Trial expected to last 3-5 days. (Coyne, Michelle)
|
| Motions Referred: RE: #24 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
| Filing 24 Rule 26(f) Report (Joint) filed by all parties by CLEAR DEFENSE, L.L.C..(SAR, DAVID) |
| Filing 23 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 1/24/2019 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim) |
| Filing 22 ANSWER to Complaint with Jury Demand (Answer to Counterclaim) by CLEAR DEFENSE, L.L.C.. (SAR, DAVID) |
| Filing 21 ANSWER to Amended Complaint , Counterclaim against by CLEARDEFENSE PEST CONTROL OF RALEIGH, LLC, CLEARDEFENSE PEST CONTROL OF CHARLOTTE, LLC, CLEARDEFENSE PEST CONTROL OF GREENSBORO, LLC. (GRAEBE, CHRISTOPHER) |
|
Filing 20
MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 10/23/2018; that Defendants' motion to dismiss (Doc. #16 ) is GRANTED IN PART AND DENIED IN PART as follows: Counts Five and Six of Plaintiff's amended complaint (Doc. #13 ), to the extent they purport to maintain a cause of action for an accounting and cancellation of registration, respectively, are DISMISSED as such, provided that to the extent Plaintiff requests those same remedies in the prayer for relief, those requests will be treated along with Plaintiff's other requested remedies at the appropriate stage of the litigation; otherwise, the motion to dismiss is DENIED. (Sheets, Jamie)
|
| Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Engle, Anita) |
| Filing 19 REPLY, filed by Defendants CLEARDEFENSE PEST CONTROL OF CHARLOTTE, LLC, CLEARDEFENSE PEST CONTROL OF GREENSBORO, LLC, CLEARDEFENSE PEST CONTROL OF RALEIGH, LLC, to Response to #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CLEARDEFENSE PEST CONTROL OF CHARLOTTE, LLC, CLEARDEFENSE PEST CONTROL OF GREENSBORO, LLC, CLEARDEFENSE PEST CONTROL OF RALEIGH, LLC. (GRAEBE, CHRISTOPHER) |
| Filing 18 RESPONSE in Opposition re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CLEARDEFENSE PEST CONTROL OF RALEIGH, LLC, CLEARDEFENSE PEST CONTROL OF CHARLOTTE, LLC, CLEARDEFENSE PEST CONTROL OF GREENSBORO, LLC filed by CLEAR DEFENSE, L.L.C.. Replies due by 4/25/2018 (Attachments: #1 Exhibit A-USPTO record of Third-party Cancelled Reg. No. 3233149)(SAR, DAVID) |
| Filing 17 Brief in Support of Motion to Dismiss the Amended Complaint by CLEARDEFENSE PEST CONTROL OF CHARLOTTE, LLC, CLEARDEFENSE PEST CONTROL OF GREENSBORO, LLC, CLEARDEFENSE PEST CONTROL OF RALEIGH, LLC. Response to Motion due by 4/12/2018 (Attachments: #1 Exhibit 1-ClearDefense Pest Control registration, #2 Exhibit 2-Cancellation of Clear Defense Trademark, #3 Exhibit 3-CDL filed trademark application, #4 Exhibit 4-Clear Defense registration for hand gel, #5 Exhibit 5-Clear Defense registration for mold-resistant coatings, #6 Exhibit 6-ClearDefense Pest of Charlotte application, #7 Exhibit 7-Clear Defense martial arts application, #8 Exhibit 8-Other registrations with index, #9 Exhibit 9-Specimen from CDL trademark application, #10 Exhibit 10-Certificate of Dissolution, #11 Exhibit 11-Unclaimed Yelp page, #12 Exhibit 12-Bilfinger registration, #13 Exhibit 13-Bilfinger Declaration of Use, #14 Exhibit 14-BASF registration, #15 Exhibit 15-Nitto Denko logo registration, #16 Exhibit 16-DSM registration, #17 Exhibit 17-DSM declaration of use, #18 Exhibit 18-Rasco registration, #19 Exhibit 19-Rasco notice of cancellation, #20 Exhibit 20-Green Squad registration, #21 Exhibit 21-SCV Hydrogarden registration, #22 Exhibit 22-ClearDefense Pest application, #23 Exhibit 23-Office action for Clear Defense martial arts, #24 Exhibit 24-ClearDefense Pest notice of publication)(GRAEBE, CHRISTOPHER) Modified on 3/23/2018 to correct docket text and event type (Coyne, Michelle). |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CLEARDEFENSE PEST CONTROL OF CHARLOTTE, LLC, CLEARDEFENSE PEST CONTROL OF GREENSBORO, LLC, CLEARDEFENSE PEST CONTROL OF RALEIGH, LLC. Response to Motion due by 4/12/2018 (GRAEBE, CHRISTOPHER) |
| Filing 15 MOTION for Extension of Time to File Answer re #13 Amended Complaint, by CLEARDEFENSE PEST CONTROL OF CHARLOTTE, LLC, CLEARDEFENSE PEST CONTROL OF GREENSBORO, LLC, CLEARDEFENSE PEST CONTROL OF RALEIGH, LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion)(GRAEBE, CHRISTOPHER) |
|
ORDER granting #15 Motion for Extension of Time to Answer for All Defendants. Answer due by 3/22/2018. Signed by John Brubaker, Clerk of Court, on 03/13/2017. (Brubaker, John)
|
| Filing 14 RESPONSE in Opposition re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CLEARDEFENSE PEST CONTROL OF RALEIGH, LLC, CLEARDEFENSE PEST CONTROL OF CHARLOTTE, LLC, CLEARDEFENSE PEST CONTROL OF GREENSBORO, LLC filed by CLEAR DEFENSE, L.L.C.. Replies due by 3/16/2018 (SAR, DAVID) |
| Filing 13 AMENDED COMPLAINT against defendant CLEARDEFENSE PEST CONTROL OF CHARLOTTE, LLC, CLEARDEFENSE PEST CONTROL OF GREENSBORO, LLC, CLEARDEFENSE PEST CONTROL OF RALEIGH, LLC, filed by CLEAR DEFENSE, L.L.C.. (Attachments: #1 Exhibit A - Defendants' uses)(SAR, DAVID) |
| Filing 12 BRIEF re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Exhibit 1-ClearDefense Pest Control registration, #2 Exhibit 2-Cancellation of Clear Defense Trademark, #3 Exhibit 3-CDL filed trademark application, #4 Exhibit 4-Clear Defense registration for hand gel, #5 Exhibit 5-Clear Defense registration for mold-resistant coatings, #6 Exhibit 6-ClearDefense Pest of Charlotte application, #7 Exhibit 7-Clear Defense martial arts application, #8 Exhibit 8-Other registrations with index, #9 Exhibit 9-Specimen from CDL trademark application, #10 Exhibit 10-Office action for Clear Defense martial arts)(GRAEBE, CHRISTOPHER) Modified on 2/9/2018 to replace Exhibits 7-9 with correct images. (Daniel, J) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CLEARDEFENSE PEST CONTROL OF CHARLOTTE, LLC, CLEARDEFENSE PEST CONTROL OF GREENSBORO, LLC, CLEARDEFENSE PEST CONTROL OF RALEIGH, LLC. Response to Motion due by 3/2/2018 (GRAEBE, CHRISTOPHER) |
| Filing 10 MOTION for Extension of Time to File Answer re #1 Complaint by CLEARDEFENSE PEST CONTROL OF CHARLOTTE, LLC, CLEARDEFENSE PEST CONTROL OF GREENSBORO, LLC, CLEARDEFENSE PEST CONTROL OF RALEIGH, LLC. (GRAEBE, CHRISTOPHER) |
|
ORDER granting #10 Motion for Extension of Time to Answer for All Defendants. Answer due by 2/9/2018. Signed by John Brubaker, Clerk of Court, on 1/11/2018. (Brubaker, John)
|
| Filing 9 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant CLEARDEFENSE PEST CONTROL OF RALEIGH, LLC by CLEARDEFENSE PEST CONTROL OF RALEIGH, LLC.(GRAEBE, CHRISTOPHER) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant CLEARDEFENSE PEST CONTROL OF GREENSBORO, LLC by CLEARDEFENSE PEST CONTROL OF GREENSBORO, LLC.(GRAEBE, CHRISTOPHER) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant CLEARDEFENSE PEST CONTROL OF CHARLOTTE, LLC by CLEARDEFENSE PEST CONTROL OF CHARLOTTE, LLC.(GRAEBE, CHRISTOPHER) |
| Filing 6 NOTICE of Appearance by attorney CHRISTOPHER TERRY GRAEBE on behalf of Defendants CLEARDEFENSE PEST CONTROL OF CHARLOTTE, LLC, CLEARDEFENSE PEST CONTROL OF GREENSBORO, LLC, CLEARDEFENSE PEST CONTROL OF RALEIGH, LLC (GRAEBE, CHRISTOPHER) |
| Filing 5 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Sheets, Jamie) |
| Filing 4 Summons Issued as to CLEARDEFENSE PEST CONTROL OF GREENSBORO, LLC, CLEARDEFENSE PEST CONTROL OF CHARLOTTE, LLC, CLEARDEFENSE PEST CONTROL OF RALEIGH, LLC. (Attachments: #1 CDPC of Charlotte, #2 CDPC of Raleigh) (Sheets, Jamie) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff CLEAR DEFENSE, L.L.C. (SAR, DAVID) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2264125.), filed by CLEAR DEFENSE, L.L.C.. (Attachments: #1 Exhibit A - Defendant's uses)(SAR, DAVID) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Sheets, Jamie) |
| Case Assigned to CHIEF JUDGE THOMAS D. SCHROEDER and MAG/JUDGE JOI ELIZABETH PEAKE. (Sheets, Jamie) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the North Carolina Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
