FLEET FEET INCORPORATED v. NIKE INC. et al
Fleet Feet Incorporated and FLEET FEET, INCORPORATED |
Nike Retail Services, Inc., Nike USA, Inc. and NIKE INC. |
1:2019cv00885 |
August 30, 2019 |
US District Court for the Middle District of North Carolina |
CATHERINE C EAGLES |
JOI ELIZABETH PEAKE |
Trademark |
15 U.S.C. § 44 Trademark Infringement |
Both |
Docket Report
This docket was last retrieved on April 9, 2021. A more recent docket listing may be available from PACER.
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Filing 100 STIPULATION of Dismissal of Case Joint Stipulation of Dismissal with Prejudice by FLEET FEET, INCORPORATED. (ANDERSON, CORBY) |
Filing 99 ORDER signed by JUDGE CATHERINE C. EAGLES on 4/6/2021. The Motion for Release of Bond Obligation (Doc. #96 ) is GRANTED and Bond No. 107149512, issued by Travelers Casualty and Surety Company of America in the amount of $1,000,000.00, is fully and unconditionally discharged, released, and exonerated, and Travelers Casualty and Surety Company of America, its parents, affiliates, and subsidiaries are released from any and all past, present, and future liability arising under or in connection with the issuance of that bond. (Daniel, J) |
Filing 98 ORDER signed by JUDGE CATHERINE C. EAGLES on 4/6/2021. The Order (Doc. #64 ) and Preliminary Injunction (Doc. #65 ) entered in this action on December 2, 2019, are hereby VACATED. (Daniel, J) |
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: The Joint Motion at #91 is GRANTED, a Stipulation of Dismissal is due by April 15, 2021.(Sanders, Marlene) |
Filing 97 BRIEF re #96 Consent MOTION for Release of Bond Obligation by Plaintiff FLEET FEET, INCORPORATED, Counter Defendant FLEET FEET, INCORPORATED filed by FLEET FEET, INCORPORATED. (DEANTONIO, MATTHEW) |
Filing 96 Consent MOTION for Release of Bond Obligation by FLEET FEET, INCORPORATED. Response to Motion due by 4/26/2021 (Attachments: #1 Text of Proposed Order Granting Motion for Release of Bond)(DEANTONIO, MATTHEW) |
Motions Submitted: #96 Consent MOTION for Release of Bond Obligation , #94 Joint MOTION to Vacate the December 2, 2019 Memorandum and Order and Preliminary Injunction to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 95 BRIEF re #94 Joint MOTION to Vacate the December 2, 2019 Memorandum and Order and Preliminary Injunction . (MATTHEWS, RICHARD) |
Filing 94 Joint MOTION to Vacate the December 2, 2019 Memorandum and Order and Preliminary Injunction by NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC.. Response to Motion due by 4/23/2021 (MATTHEWS, RICHARD) |
Filing 93 JOINT STATUS REPORT filed by all parties. Est. Trial Days: 0. (MATTHEWS, RICHARD) |
Filing 92 REPORT OF MEDIATOR from Leslie J. Lott - Mediation Held on 2/26/2021. Complete settlement of the case.(Bond, Melisa) |
Case Reported Settled at Mediation. (Bond, Melisa) |
Set/Reset Deadlines/Hearings: Initial Pretrial Conference reset for 4/22/2021 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim) |
TEXT ORDER issued by MAG/JUDGE JOI ELIZABETH PEAKE on 3/8/21. The Initial Pretrial Conference in this case is continued to April 22, 2021, and the deadline for filing the Rule 26(f) Report is likewise continued, pending consideration of the Joint Motion to Suspend Deadlines. (Garrett, Kim) |
Motions Referred: RE: #91 JOINT MOTIONto Suspend Deadlines and Notice of Settlement to MAG/JUDGE JOI ELIZABETH PEAKE (Sanders, Marlene) |
Filing 91 JOINT MOTIONto Suspend Deadlines and Notice of Settlement by FLEET FEET, INCORPORATED. (DEANTONIO, MATTHEW) |
Filing 90 MANDATE of USCA. The judgment of this court, entered January 26, 2021, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure re: #67 Notice of Appeal. USCA Case #19-2390. (Daniel, J) |
Filing 89 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 3/18/2021 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim) |
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: The Fourth Circuit having dismissed the appeal, the stay is lifted and the parties shall file a new Rule 26(f) report no later than March 8, 2021. The Court expects the parties to schedule the agreed-upon mediation to occur before that date so the case can move forward expeditiously if it does not settle. The Court refers the matter to the Magistrate Judge for establishment of a discovery plan and schedule. (Sanders, Marlene) |
Filing 88 USCA JUDGMENT. In accordance with the decision of this court, this appeal is dismissed. This case is remanded to the district court for further proceedings consistent with the court's decision. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. re: #67 Notice of Appeal. USCA Case #19-2390. (Daniel, J) |
Filing 87 USCA OPINION - Dismissed and Remanded. USCA Case #19-2390. (Daniel, J) |
Motions Referred: RE: #86 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
Filing 86 Third Supplemental Rule 26(f) Report (Joint) filed by all parties by FLEET FEET, INCORPORATED.(DEANTONIO, MATTHEW) |
Filing 85 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 6/24/2020. The Joint Motion (Doc. #84 ) is GRANTED, and the commencement of discovery is stayed for 90 days. By September 14, 2020, the Parties should file a further position paper (jointly if possible) regarding whether the stay of discovery should remain in place, or whether it would be appropriate to begin limited discovery as set out in the alternative in the Supplemental Rule 26(f) Report. (Daniel, J) |
Motions Referred: RE: #84 Rule 26(f) Report (Joint) filed by all parties to MAGISTRATE JOI ELIZABETH PEAKE (Sanders, Marlene) |
Filing 84 Rule 26(f) Report (Joint) filed by all parties by FLEET FEET, INCORPORATED.(DEANTONIO, MATTHEW) |
Filing 83 ORDER Appointing Mediator LESLIE J. LOTT pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl) |
MEDIATION SCHEDULING ORDER; Mediation should be conducted promptly following a decision on the pending appeal by the U.S. Court of Appeals for the Fourth Circuit. The parties agree the mediator shall be Leslie J. Lott. Discovery Stayed 90 days.(Gammon, Cheryl) |
Filing 82 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 3/17/2020. The request to stay all discovery in the Rule 26(f) Report and Supplemental Report (Docs. #79 , #81 ) is GRANTED IN PART, and the commencement of discovery is stayed for 90 days. By June 15, 2020, the Parties should file a further position paper (jointly if possible) regarding whether the stay of discovery should remain in place, or whether it would be appropriate to begin limited discovery as set out in the alternative in the Supplemental Report. The parties agree the appropriate case-management track for this case established in LR 26.1(a): Exceptional. Mediation should be conducted promptly following a decision on the pending appeal by the U.S. Court of Appeals for the Fourth Circuit. The parties agree the mediator shall be Leslie J. Lott. The parties do not agree to Magistrate Judge jurisdiction. ETT: 1-2 weeks. A jury trial has been demanded. (Daniel, J) |
Motions Referred: RE: #81 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
Filing 81 Supplemental Rule 26(f) Report (Joint) filed by all parties by FLEET FEET, INCORPORATED.(DEANTONIO, MATTHEW) |
Reset Hearings: Initial Pretrial Conference reset for 3/19/2020 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim) |
Filing 80 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 2/12/2020. The Initial Pretrial Conference is continued to March 19, 2020, and the Parties are directed to file a Supplemental Rule 26(f) Report by March 2, 2020 as noted herein. (Daniel, J) |
Motions No Longer Submitted to JUDGE CATHERINE C. EAGLES #79 Rule 26(f) Report (Joint) filed by all parties (Sanders, Marlene) |
Motions Referred: RE: #79 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
Motions Submitted: #79 Rule 26(f) Report (Joint) filed by all parties to JUDGE CATHERINE C. EAGLES (Sanders, Marlene) |
Filing 79 Rule 26(f) Report (Joint) filed by all parties by FLEET FEET, INCORPORATED.(ANDERSON, CORBY) |
Filing 78 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 2/20/2020 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim) |
Filing 77 USCA ORDER denying the Motion for Stay Pending Appeal. USCA Case #19-2390. (Daniel, J) |
Filing 76 ORDER signed by JUDGE CATHERINE C. EAGLES on 12/20/2019. Nike's motion for stay or modification of the preliminary injunction pending appeal, or for an administrative stay of the preliminary injunction (Doc. #70 ) is DENIED. (Daniel, J) |
Filing 75 REPLY, filed by Counter Claimants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC., Defendants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC., to Response to #70 Emergency MOTION to Stay or Modification of Preliminary Injunction Pending Appeal filed by NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC.. (MATTHEWS, RICHARD) |
Filing 74 DECLARATION of Joey Pointer filed by Plaintiff FLEET FEET, INCORPORATED, Counter Defendant FLEET FEET, INCORPORATED re #73 Response in Opposition to Motion, Second Declaration of Joey Pointer filed by FLEET FEET, INCORPORATED. (Attachments: #1 Exhibit 1 - Appendix of YouTube Videos, #2 Exhibit 2 - Continued uses of SCE on Instagram, #3 Exhibit 3 - Continued uses of SCE on Twitter, #4 Exhibit 4 - Continued uses of SCE on nike.com, #5 Exhibit 5 - Continued uses of SCE on nike.com, #6 Exhibit 6 - Continued uses of SCE on purpose.nike.com, #7 Exhibit 7 - Continued uses of SCE on purpose.nike.com, #8 Exhibit 8 - Instructions for YouTube removal of video, #9 Exhibit 9 - Instructions for YouTube editing of video settings)(ANDERSON, CORBY) |
Filing 73 RESPONSE in Opposition re #70 Emergency MOTION to Stay or Modification of Preliminary Injunction Pending Appeal filed by NIKE USA, INC., NIKE INC., NIKE RETAIL SERVICES, INC. filed by FLEET FEET, INCORPORATED. Replies due by 12/11/2019 (ANDERSON, CORBY) |
Filing 72 NOTICE of Docketing Appeal from USCA re: #67 Notice of Appeal. USCA Case Mgr: Cathi Bennett; USCA Case Number 19-2390. (Daniel, J) |
Filing 71 ORDER signed by JUDGE CATHERINE C. EAGLES on 12/5/2019. Nike's motion to seal (Doc. #39 ) and motion to seal the preliminary injunction opinion pending appeal of the motion to seal (Doc. #68 ) are DENIED. No earlier than December 18, 2019, the Clerk shall remove the seal from the following documents: Docs. #30 , #31 , #32 , #33 , #40 , ( #40 -1), ( #40 -2), #41 , #42 , ( #42 -1), ( #42 -2), #44 , ( #44 -1), #51 , #52 , and ( #52 -1) through ( #52 -11). (Daniel, J) |
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: The plaintiff may file a Response to Defendants' Motion for Stay #70 , no later than 3:00 p.m. on 12/9/19, and the defendant may file a Reply no later than 8:00 a.m. on 12/11/19. (Sanders, Marlene) |
Motions Submitted: #70 Defendants' Renewed Emergency MOTION to Stay or Modification of Preliminary Injunction Pending Appeal to JUDGE CATHERINE C. EAGLES (Sanders, Marlene) |
Filing 70 Defendants' Renewed Emergency MOTION to Stay or Modification of Preliminary Injunction Pending Appeal by NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC.. Response to Motion due by 12/11/2019 (Attachments: #1 Text of Proposed Order Regarding Motion to Stay, #2 Text of Proposed Order Regarding Administrative Stay and Expedited Briefing)(MATTHEWS, RICHARD) |
Filing 69 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: #67 Notice of Appeal. (Daniel, J) |
Filing 68 Emergency MOTION to Seal Court's Preliminary Injunction Memorandum Opinion (Doc. 64) Pending Appeal of NIKE's Motion to Seal (Doc. 39) [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC.. Response to Motion due by 12/26/2019 (Attachments: #1 Text of Proposed Order)(MATTHEWS, RICHARD) |
Filing 67 NOTICE OF APPEAL as to #65 Preliminary Injunction, Order, #63 Order on Motion to Stay, #64 Memorandum Opinion and Order by NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC.. Filing fee $ 505. (MATTHEWS, RICHARD) |
USCA Appeal Fees received $505.00, receipt number NCM048317 re: #67 Notice of Appeal filed by NIKE USA, INC., NIKE INC., NIKE RETAIL SERVICES, INC. (Daniel, J) |
Motions Submitted: #68 Emergency MOTION to Seal Court's Preliminary Injunction Memorandum Opinion (Doc. 64) Pending Appeal of NIKE's Motion to Seal (Doc. 39) to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 66 SURETY BOND in the amount of $1,000,000.00,Bond No. 107149512, posted by FLEET FEET, INCORPORATED, signed by Judge JUDGE CATHERINE C. EAGLES. (Attachments: #1 Exhibit 1 - Attached Injunction Bond)(ANDERSON, CORBY) |
Filing 65 *VACATED* PRELIMINARY INJUNCTION signed by JUDGE CATHERINE C. EAGLES on 12/2/2019. (Daniel, J) Modified on 4/6/2021 to reflect vacated per #98 Order. (Daniel, J) |
Filing 64 *VACATED* MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 12/2/2019. Plaintiff's motion for preliminary injunction (Doc. #8 ) is GRANTED. The injunction will issue separately. (Daniel, J) Modified on 4/6/2021 to reflect vacated per #98 Order. (Daniel, J) |
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: To the extent the motion to seal, #39 , concerns information disclosed in the Courts memorandum opinion, #64 , the motion is DENIED. Order and opinion addressing this and other information subject to the motion to seal forthcoming as time permits. (Sanders, Marlene) |
Filing 63 ORDER signed by JUDGE CATHERINE C. EAGLES on 11/26/2019. Nike's "Emergency Motion of Defendants for Stay or Modification of Preliminary Injunction Pending Appeal" (Doc. #62 ) is DENIED without prejudice. (Daniel, J) |
Filing 62 Emergency MOTION to Stay or Modification of Preliminary Injunction Pending Appeal and Brief in Support by NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC.. Response to Motion due by 11/29/2019 (Attachments: #1 Text of Proposed Order Granting Administrative Stay and Expedited Briefing, #2 Text of Proposed Order Granting Motion to Stay)(MATTHEWS, RICHARD) |
Filing 61 NIKE's Letter BRIEF re #57 Order,,, . (Attachments: #1 Text of Proposed Order Proposed Revisions to PI Order)(MATTHEWS, RICHARD) |
Filing 60 NIKE's Letter BRIEF re #57 Order,,, . (Attachments: #1 Text of Proposed Order Redline Version of NIKE's Revisions to PI Order)(MATTHEWS, RICHARD) |
Filing 59 Fleet Feet's Letter BRIEF re #57 Order,,, Regarding Draft Preliminary Injunction Order by Plaintiff FLEET FEET, INCORPORATED, Counter Defendant FLEET FEET, INCORPORATED filed by FLEET FEET, INCORPORATED. (Attachments: #1 Exhibit 1 - Clean Version of Fleet Feet's Proposed Revisions to Preliminary Injunction Order, #2 Exhibit 2 - Redline Version of Fleet Feet's Proposed Revisions to Preliminary Injunction Order)(ANDERSON, CORBY) |
Filing 58 NIKE's BRIEF re #57 Order,,, . (Attachments: #1 Text of Proposed Order Proposed PI Order)(MATTHEWS, RICHARD) |
Motions Submitted: #62 Emergency MOTION to Stay or Modification of Preliminary Injunction Pending Appeal and Brief in Support to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 57 TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: The Court is in the process of finalizing an opinion granting the motion for preliminary injunction and contemplates entering an opinion with findings and conclusions and a separate preliminary injunction. A draft preliminary injunction is attached. Counsel are directed to meet and confer so as to limit areas of disagreement and to file letter briefs no longer than two pages and attached proposed orders no later than 10:00 a.m. on Monday, 11/25/19. The Court is not inviting and will not consider argument as to whether the injunction should or should not issue or as to the amount of the bond, but the Court would appreciate the parties thoughts as to the specific wording of the injunction. (Sanders, Marlene) |
Motions Submitted: #39 MOTION to Seal to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 56 NOTICE by NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC. Notice of Intent to Redact (MATTHEWS, RICHARD) |
Filing 55 Transcript of MOTION FOR PRELIMINARY INJUNCTION Proceedings held on November 5, 2019, before Judge Eagles. Court Reporter Calhoun, Telephone number 336-332-6033, jane_calhoun@ncmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 12/5/2019. Redacted Transcript Deadline set for 12/12/2019. Release of Transcript Restriction set for 2/9/2020. (Calhoun, J.) |
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Attorneys Corby Anderson, Matthew Deantonio and William Cherry, III present for plaintiff and Attorneys Tamar Duvdevani and Richard Matthews present as counsel for defendant. Motion Hearing held on 11/5/2019 re #8 MOTION for Preliminary Injunction filed by FLEET FEET, INCORPORATED. Court takes matter under advisement.(Court Reporter Jane Calhoun.) (Sanders, Marlene) |
Filing 54 REDACTION to #51 SEALED Response to Motion,, to Seal by FLEET FEET, INCORPORATED. (DEANTONIO, MATTHEW) |
Filing 53 DECLARATION of Victor Ornelas filed by Plaintiff FLEET FEET, INCORPORATED, Counter Defendant FLEET FEET, INCORPORATED re #51 SEALED Response to Motion,, Second Declaration of Victor Ornelas filed by FLEET FEET, INCORPORATED. (DEANTONIO, MATTHEW) |
Filing 52 SEALED DOCUMENT of Matthew S. DeAntonio re #51 SEALED Response to Motion, Second Declaration of Matthew S. DeAntonio by Plaintiff FLEET FEET, INCORPORATED, Counter Defendant FLEET FEET, INCORPORATED, Counter Claimants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC., Defendants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC.. (Attachments: #1 Exhibit 1 - SBG Media Article, #2 Exhibit 2 - SGI Article, #3 Exhibit 3 - Footwear Insight Article, #4 Exhibit 4 - Running Insight Article, #5 Exhibit 5 - Bloomberg Article, #6 Exhibit 6 - Emails among counsel regarding sealing, #7 Exhibit 7 - Emails among counsel regarding filing of complaint, #8 Exhibit 8 - Best Ads Website, #9 Exhibit 9 - Articles on Chicago Pop Up, #10 Exhibit 10 - iSpot.tv webpages, #11 Exhibit 11 - Justin Bradley LinkedIn Pages)(DEANTONIO, MATTHEW) |
Filing 51 SEALED RESPONSE filed by Plaintiff FLEET FEET, INCORPORATED, Counter Defendant FLEET FEET, INCORPORATED, Counter Claimants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC., Defendants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC. re #39 MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] filed by NIKE USA, INC., NIKE INC., NIKE RETAIL SERVICES, INC. filed by FLEET FEET, INCORPORATED, NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC.. Replies due by 11/1/2019 (DEANTONIO, MATTHEW) |
Filing 50 NOTICE of Hearing: Motion for Preliminary Injunction set for 11/5/19 at 1:30 PM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Motions Submitted: #8 MOTION for Preliminary Injunction to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 49 ANSWER to Complaint with Jury Demand Fleet Feet's Answer and Defenses to Nike's Counterclaims by FLEET FEET, INCORPORATED. (ANDERSON, CORBY) |
Filing 48 DECLARATION of Timothy L. Capria filed by Plaintiff FLEET FEET, INCORPORATED, Counter Defendant FLEET FEET, INCORPORATED re #44 SEALED Reply to Response to Motion, #45 Redacted Document filed by FLEET FEET, INCORPORATED. (Attachments: #1 Exhibit 1 - EVERYTHING CHANGES Dead Application, #2 Exhibit 2 - SPEED CHANGES EVERYTHING Cancellation, #3 Exhibit 3 - USPTO Office Action for Serial No. 88,508,382, #4 Exhibit 4 - USPTO Office Action for Serial No. 88,508,382, #5 Exhibit 5 - Prosecution History for Serial No. 88,600,649, #6 Exhibit 6 - Notice of Publication for Serial No. 88,508,382, #7 Exhibit 7 - Notice of Publication for Serial No. 88,571,097, #8 Exhibit 8 - Notice of Publication for Serial No. 88,600,649, #9 Exhibit 9 - U.S. Reg. No. 8,832,391, #10 Exhibit 10 - Prosecution History for Serial No. 88,570,136, #11 Exhibit 11 - Cancellation No. 92072504, #12 Exhibit 12 - Motion to Amend Registration)(ANDERSON, CORBY) |
Filing 47 DECLARATION of Joey Pointer filed by Plaintiff FLEET FEET, INCORPORATED, Counter Defendant FLEET FEET, INCORPORATED re #44 SEALED Reply to Response to Motion, #45 Redacted Document filed by FLEET FEET, INCORPORATED. (Attachments: #1 Exhibit 1 - Product Comparison, #2 Exhibit 2 - Instagram Posts)(ANDERSON, CORBY) |
Filing 46 DECLARATION of Brent Hollowell filed by Plaintiff FLEET FEET, INCORPORATED, Counter Defendant FLEET FEET, INCORPORATED re #44 SEALED Reply to Response to Motion, #45 Redacted Document filed by FLEET FEET, INCORPORATED. (Attachments: #1 Exhibit 1 - Uses of RUNNING CHANGES EVERYTHING and CHANGE EVERYTHING Alone, #2 Exhibit 2 - Appendix of More Nike SPORT CHANGES EVERYTHING Videos, #3 Exhibit 3 - Demery Video, #4 Exhibit 4 - Appendix of Nike JUST DO IT Videos, #5 Exhibit 5 - Comparison of JUST DO IT to SPORT CHANGES EVERYTHING, #6 Exhibit 6 - Nike Employee wearing SPORT CHANGES EVERYTHING shirt, #7 Exhibit 7 - Instagram Post with SPORT CHANGES EVERYTHING Signage, #8 Exhibit 8 - Nike SPORT CHANGES EVERYTHING Article, #9 Exhibit 9 - Nike uses of SPORT CHANGES EVERYTHING with Running on Social Media)(ANDERSON, CORBY) |
Filing 45 REDACTION to #44 SEALED Reply to Response to Motion, for Preliminary Injunction by FLEET FEET, INCORPORATED. (Attachments: #1 Appendix A - Updated Trademark Chart)(ANDERSON, CORBY) |
Filing 44 SEALED REPLY, filed by Plaintiff FLEET FEET, INCORPORATED, Counter Defendant FLEET FEET, INCORPORATED, Counter Claimants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC., Defendants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC., to Response to #8 MOTION for Preliminary Injunction filed by FLEET FEET, INCORPORATED, NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC.. (Attachments: #1 Appendix A - Updated Trademark Chart)(ANDERSON, CORBY) |
Filing 43 CERTIFICATE OF SERVICE by Plaintiff FLEET FEET, INCORPORATED. (ANDERSON, CORBY) |
Filing 42 SEALED UNREDACTED DOCUMENTS Exhibits to Memorandum in Support of Motion to Seal filed by Plaintiff FLEET FEET, INCORPORATED, Counter Defendant FLEET FEET, INCORPORATED, Counter Claimants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC., Defendants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC. re #40 SEALED Brief. (Attachments: #1 Sealed Unredacted Gravatt Declaration, #2 Sealed Unredacted Miller Declaration)(MATTHEWS, RICHARD) |
Filing 41 Corrected Document SEALED BRIEF re: #40 SEALED Brief by Counter Claimants NIKE USA, INC., NIKE INC., NIKE RETAIL SERVICES, INC., Defendants NIKE RETAIL SERVICES, INC., NIKE USA, INC., NIKE INC., Plaintiff FLEET FEET, INCORPORATED, Counter Defendant FLEET FEET, INCORPORATED. (MATTHEWS, RICHARD) |
Filing 40 SEALED BRIEF re #39 MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by Counter Claimants NIKE USA, INC., NIKE INC., NIKE RETAIL SERVICES, INC., Defendants NIKE RETAIL SERVICES, INC., NIKE USA, INC., NIKE INC., Plaintiff FLEET FEET, INCORPORATED, Counter Defendant FLEET FEET, INCORPORATED. (Attachments: #1 Exhibit Exhibit A, #2 Sealed Unredacted Miller Declaration, #3 Sealed Unredacted Gravatt Declaration)(MATTHEWS, RICHARD) |
Filing 39 MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC.. Response to Motion due by 11/14/2019 (MATTHEWS, RICHARD) |
Filing 38 DECLARATION of Tamar Duvdevani by Counter Claimants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC., Defendants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC.. (Attachments: #1 Exhibit 1- screenshot, #2 Exhibit 2-screenshot, #3 Exhibit 3- screenshot, #4 Exhibit 4- screenshot, #5 Exhibit 5- screenshot, #6 Exhibit 6- screenshot, #7 Exhibit 7- screenshot, #8 Exhibit 8- screenshot, #9 Exhibit 9- screenshot, #10 Exhibit 10- screenshot, #11 Exhibit 11- screenshot, #12 Exhibit 12- screenshot, #13 Exhibit 13- screenshot, #14 Exhibit 14- screenshot, #15 Exhibit 15- screenshot, #16 Exhibit 16- screenshot, #17 Exhibit 17- report, #18 Exhibit 18- screenshot, #19 Exhibit 19- screenshot, #20 Exhibit 20- screenshot, #21 Exhibit 21- screenshot, #22 Exhibit 22- Petition to Cancel, #23 Exhibit 23- Petition to Cancel)(MATTHEWS, RICHARD) |
Filing 37 REDACTED DECLARATION of David Frank by Counter Claimants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC., Defendants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC.. (Attachments: #1 Exhibit A- images, #2 Exhibit B- image)(MATTHEWS, RICHARD) |
Filing 36 REDACTED DECLARATION of Scott Gravatt by Counter Claimants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC., Defendants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC.. (MATTHEWS, RICHARD) |
Filing 35 REDACTED DECLARATION Natalie Miller by Counter Claimants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC., Defendants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC.. (Attachments: #1 Exhibit A- Screenshots, #2 Exhibit B- Images, #3 Exhibit C- Website, #4 Exhibit D- Website)(MATTHEWS, RICHARD) |
Filing 34 REDACTED RESPONSE in Opposition re: #8 MOTION for Preliminary Injunction filed by FLEET FEET, INCORPORATED filed by NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC. Replies due by 10/25/2019 (MATTHEWS, RICHARD) Modified docket text on 10/18/2019 to reflect "redacted" document. (Daniel, J) |
Filing 33 SEALED DOCUMENT of Scott Gravatt Declaration of Scott Gravatt by Plaintiff FLEET FEET, INCORPORATED, Counter Defendant FLEET FEET, INCORPORATED, Counter Claimants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC., Defendants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC.. (MATTHEWS, RICHARD) |
Filing 32 SEALED DOCUMENT of David Frank Declaration of David Frank by Plaintiff FLEET FEET, INCORPORATED, Counter Defendant FLEET FEET, INCORPORATED, Counter Claimants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC., Defendants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC.. (Attachments: #1 Exhibit B- image)(MATTHEWS, RICHARD) |
Filing 31 SEALED DOCUMENT of Natalie Miller Declaration of Natalie Miller by Plaintiff FLEET FEET, INCORPORATED, Counter Defendant FLEET FEET, INCORPORATED, Counter Claimants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC., Defendants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC.. (MATTHEWS, RICHARD) |
Filing 30 SEALED RESPONSE in Opposition to Motion for a Preliminary Injunction filed by Counter Claimants NIKE USA, INC., NIKE INC., NIKE RETAIL SERVICES, INC., Defendants NIKE RETAIL SERVICES, INC., NIKE USA, INC., NIKE INC., Plaintiff FLEET FEET, INCORPORATED, Counter Defendant FLEET FEET, INCORPORATED re #8 MOTION for Preliminary Injunction filed by FLEET FEET, INCORPORATED filed by NIKE USA, INC., NIKE RETAIL SERVICES, INC., NIKE INC., FLEET FEET, INCORPORATED. Replies due by 10/25/2019 (MATTHEWS, RICHARD) |
Filing 29 ORDER signed by JUDGE CATHERINE C. EAGLES on 10/17/2019. The defendants are authorized to file the unredacted brief in opposition and any unredacted exhibits containing allegedly confidential information under temporary seal as set out herein. The plaintiff's reply brief and any exhibits shall be served but not filed on October 25, 2019, 14 days from the date the brief in opposition was served. The plaintiff shall file a certificate of service. With the agreement of the parties, the defendants shall file one motion to seal directed towards the brief in opposition, the reply brief, and the exhibits, no later than October 24, 2019; any brief in opposition is due October 31, 2019; and any reply brief is due November 1, 2019. Counsel shall reserve November 5, 2019, at 1:30 p.m. and November 12, 2019, at 9:30 a.m. for a hearing on the motion for preliminary injunction, should the Court determine one is needed. Defense counsel shall keep the case manager advised of developments in counsel's trial schedule the week of November 4. (Daniel, J) |
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Telephone Conference held on 10/17/19 regarding process for Motions to Seal. Attorneys Matthew DeAntonio, William Cherry, III and Corby Anderson present as counsel for plaintiff. Attorneys Richard Matthews and Tamar Duvdevani present as counsel for defendants. Written order forthcoming. (Court Reporter Joe Armstrong.) (Sanders, Marlene) |
Filing 28 NOTICE of Appearance by attorney ANDREW R. SHORES on behalf of Counter Claimants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC., Defendants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC. (SHORES, ANDREW) |
Filing 27 NOTICE of Appearance by attorney WILLIAM SUTTON CHERRY, III on behalf of Plaintiff FLEET FEET, INCORPORATED (CHERRY, WILLIAM) |
Filing 26 CERTIFICATE OF SERVICE by NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC. Regarding NIKE's Brief in Opposition to Plaintiff's Motion for Preliminary Injunction (MATTHEWS, RICHARD) |
Filing 25 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant NIKE RETAIL SERVICES, INC., Counter Claimant NIKE RETAIL SERVICES, INC. (MATTHEWS, RICHARD) |
Filing 24 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Counter Claimant NIKE USA, INC., Defendant NIKE USA, INC.. (MATTHEWS, RICHARD) |
Filing 23 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Counter Claimant NIKE INC., Defendant NIKE INC.. (MATTHEWS, RICHARD) |
Filing 22 ANSWER to Amended Complaint , Counterclaim against by NIKE RETAIL SERVICES, INC., NIKE USA, INC., NIKE INC.. (MATTHEWS, RICHARD) |
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: Defendants have made a last minute request for a conference with the court re: filing materials under seal in opposition to the motion for preliminary injunction. In lieu of filing a redacted brief and exhibits and a motion to seal tomorrow, Defendants shall serve the unredacted brief and attachments along with a redacted brief and attachments, on plaintiff and shall file a certificate of service, pending further Court action; if the brief does not require redaction, it shall be filed. Plaintiffs counsel shall not disclose the information that is redacted, pending further order or agreement between the parties. Defendants shall consult with plaintiff and when the Courts schedule frees up, a conference will be scheduled. (Sanders, Marlene) |
Filing 21 NOTICE of Appearance by attorney TAMAR Y. DUVDEVANI on behalf of Defendants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC. (DUVDEVANI, TAMAR) |
Filing 20 NOTICE of Appearance by attorney MELISSA A. REINCKENS on behalf of Defendants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC. (REINCKENS, MELISSA) |
Filing 19 NOTICE of Appearance by attorney MARC E. MILLER on behalf of Defendants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC. (MILLER, MARC) |
ORDER granting #18 Motion for Extension of Time to Answer First Amended Verified Complaint for All Defendants. Answer due by 10/11/2019. Signed by John Brubaker, Clerk of Court, on 10/2/2019. (Brubaker, John) |
Filing 18 Consent MOTION for Extension of Time to File Answer re #7 Amended Complaint, by NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC. (Attachments: #1 Text of Proposed Order)(MATTHEWS, RICHARD) |
Filing 17 NOTICE of Appearance by attorney RICHARD T. MATTHEWS on behalf of Defendants NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC. (MATTHEWS, RICHARD) |
Filing 16 AFFIDAVIT OF SERVICE as to All Defendants. (Attachments: #1 Exhibit 1 - Delivery Receipts September 12, 2019, #2 Exhibit 2 - Delivery Receipts September 20, 2019)(DEANTONIO, MATTHEW) |
Filing 15 DECLARATION filed by Plaintiff FLEET FEET, INCORPORATED re #8 MOTION for Preliminary Injunction , #9 Brief In Support of Motion for Preliminary Injunction filed by FLEET FEET, INCORPORATED. (Attachments: #1 Exhibit 01 - Nike 10K, #2 Exhibit 02 - Office Action)(DEANTONIO, MATTHEW) |
Filing 14 DECLARATION filed by Plaintiff FLEET FEET, INCORPORATED re #8 MOTION for Preliminary Injunction , #9 Brief In Support of Motion for Preliminary Injunction filed by FLEET FEET, INCORPORATED. (DEANTONIO, MATTHEW) |
Filing 13 DECLARATION filed by Plaintiff FLEET FEET, INCORPORATED re #8 MOTION for Preliminary Injunction , #9 Brief In Support of Motion for Preliminary Injunction filed by FLEET FEET, INCORPORATED. (DEANTONIO, MATTHEW) |
Filing 12 DECLARATION filed by Plaintiff FLEET FEET, INCORPORATED re #8 MOTION for Preliminary Injunction , #9 Brief In Support of Motion for Preliminary Injunction filed by FLEET FEET, INCORPORATED. (Attachments: #1 Exhibit 01 - Signage NO BOUNDARIES program, #2 Exhibit 02 - Pages from NO BOUNDARIES program, #3 Exhibit 03 - CHANGE EVERYTHING store front signage)(DEANTONIO, MATTHEW) |
Filing 11 DECLARATION filed by Plaintiff FLEET FEET, INCORPORATED re #8 MOTION for Preliminary Injunction , #9 Brief In Support of Motion for Preliminary Injunction filed by FLEET FEET, INCORPORATED. (Attachments: #1 Exhibit 01 - Charlotte Nike Factory Store, #2 Exhibit 02 - Concord Mills Nike Factory Store, #3 Exhibit 03 - Myrtle Beach Nike Factory Store, #4 Exhibit 04 - Smithfield Nike Factory Store)(DEANTONIO, MATTHEW) |
Filing 10 DECLARATION filed by Plaintiff FLEET FEET, INCORPORATED re #8 MOTION for Preliminary Injunction , #9 Brief in Support of Motion for Preliminary Injunction filed by FLEET FEET, INCORPORATED. (Attachments: #1 Exhibit 01 - Fleet Feet Products, #2 Exhibit 02 - Fleet Feet Brands, #3 Exhibit 03 - Fleet Feet Training programs, #4 Exhibit 04 - Franchise Agreement Excerpts, #5 Exhibit 05 - Brand Standards and Style Guide, #6 Exhibit 06 - March 2009 Runner's World Excerpts, #7 Exhibit 07 - RUNNING CHANGES EVERYTHING Internet Ads, #8 Exhibit 08 - RUNNING CHANGES EVERYTHING Email Uses, #9 Exhibit 09 - RUNNING CHANGES EVERYTHING Apparel Uses, #10 Exhibit 10 - RUNNING CHANGES EVERYTHING Social Media Uses, #11 Exhibit 11 - RUNNING CHANGES EVERYTHING Outdoor Signage, #12 Exhibit 12 - CHANGE EVERYTHING Website Use, #13 Exhibit 13 - CHANGE EVERYTHING Promotional Items, #14 Exhibit 14 - Customers Referring to RUNNING CHANGES EVERYTHING on Social Media, #15 Exhibit 15 - Proximity Analysis 4845-3846-7750 v.3, #16 Exhibit 16 - Photos of Fleet Feet's Carrboro, NC Headquarters, #17 Exhibit 17 - 2018 Fleet Feet Marketing Calendar, #18 Exhibit 18 - 2019.08.13 - Letter from W. Cherry to J. Reynolds, #19 Exhibit 19 - Nike Mobile Site Homepage, #20 Exhibit 20 - Artwork comparison, #21 Exhibit 21 - Appendix of Nike Videos, #22 Exhibit 22 - Nike News Article, #23 Exhibit 23 - Nike Chicago Website, #24 Exhibit 24 - Nike Pop-Up Races Website, #25 Exhibit 25 - Quigley Instagram Post, #26 Exhibit 26 - 2009 Annual Report, #27 Exhibit 27 - 2019 Annual Conference Vendor Update, #28 Exhibit 28 - 2019 Annual Conference Nike Attendees, #29 Exhibit 29 - Fleet Feet Knoxville Website)(DEANTONIO, MATTHEW) |
Filing 9 BRIEF re #8 MOTION for Preliminary Injunction by Plaintiff FLEET FEET, INCORPORATED filed by FLEET FEET, INCORPORATED. (Attachments: #1 Appendix A - Trademark Chart)(ANDERSON, CORBY) |
Filing 8 MOTION for Preliminary Injunction by FLEET FEET, INCORPORATED. Response to Motion due by 10/10/2019 (ANDERSON, CORBY) |
Filing 7 First AMENDED COMPLAINT against defendant NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC., filed by FLEET FEET, INCORPORATED. (Attachments: #1 Exhibit 01 - Registration for 4,832,391, #2 Exhibit 02 - Registration for 4,833,944, #3 Exhibit 03 - Application for 88,570,136, #4 Exhibit 04 - Application for 88,508,382, #5 Exhibit 05 - Application for 88,571,097, #6 Exhibit 06 - Filing Receipt for Application for 88,600,649, #7 Exhibit 07 - Fleet Feet's Use of Mark in Franchise Sales, #8 Exhibit 08 - Fleet Feet's Use of Mark in Store Signage, #9 Exhibit 09 - Fleet Feet's Use of Mark on Apparel, #10 Exhibit 10 - Fleet Feet's Use of Mark in Email Newsletters, #11 Exhibit 11 - Fleet Feet's Use of Mark in Print, Online, and Social Media, #12 Exhibit 12 - Fleet Feet's Use of Mark in Promotional Materials, #13 Exhibit 13 - Nike Welcome Power Point, #14 Exhibit 14 - Vendor Partner Resource Guide, #15 Exhibit 15 - MLB All Star Game Commercial, #16 Exhibit 16 - Chicago Mural, #17 Exhibit 17 - 2019.087.22 - Scott Gravatt Email, #18 Exhibit 18 - 2019.08.07 Letter to Nike, #19 Exhibit 19 - Nike Website 2019.08.12, #20 Exhibit 20 - Nike Website 2019.08.29, #21 Exhibit 21 - Nike infringement in Mebane, NC, #22 Exhibit 22 - Nike Infringement in Chicago, IL)(DEANTONIO, MATTHEW) |
Filing 6 NOTICE of Appearance by attorney MATTHEW S. DEANTONIO on behalf of Plaintiff FLEET FEET, INCORPORATED (DEANTONIO, MATTHEW) |
Filing 5 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form)(Coyne, Michelle) |
Filing 4 Summons Issued as to NIKE INC., NIKE RETAIL SERVICES, INC., NIKE USA, INC.. (Attachments: #1 Nike Inc., #2 Nike USA)(Coyne, Michelle) |
Filing 3 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
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. (Coyne, Michelle) |
Case assigned to JUDGE CATHERINE C. EAGLES and MAGISTRATE JUDGE JOI ELIZABETH PEAKE. (Coyne, Michelle) |
Filing 2 Corporate Disclosure Statement by Fleet Feet Incorporated identifying Corporate Parent Fleet Feet Sports, LLC, Corporate Parent Investors Management Corporation for Fleet Feet Incorporated. (ANDERSON, CORBY) |
Filing 1 COMPLAINT (Verified) against All Defendants ( Filing fee $ 400 receipt number 0418-2644714.), filed by Fleet Feet Incorporated. (Attachments: #1 Exhibit 1 - Registration No. 4,832,391, #2 Exhibit 2 - Registration No. 8,833,944, #3 Exhibit 3 - Application Serial No. 88,570,136, #4 Exhibit 4 - Application Serial No. 88,508,382, #5 Exhibit 5 - Application Serial No. 88,571,097, #6 Exhibit 6 - Filing Receipt for Application Serial No. 88,600,649, #7 Exhibit 7 - Fleet Feet's Use of Mark in Franchise Sales, #8 Exhibit 8 - Fleet Feet's Use of Mark in Store Signage, #9 Exhibit 9 - Fleet Feet's Use of Mark on Apparel, #10 Exhibit 10 - Fleet Feet's Use of Mark in Email Newsletters, #11 Exhibit 11 - Fleet Feet's Use of Mark in Print, Online, and Social Media, #12 Exhibit 12 - Fleet Feet's Use of Mark on Promotional Materials, #13 Exhibit 13 - Nike Welcome Power Point, #14 Exhibit 14 - Vendor Partner Resource Guide, #15 Exhibit 15 - MLB All Star Game Commercial, #16 Exhibit 16 - Chicago Mural, #17 Exhibit 17 - July 22, 2019 Email from Scott Gravatt, #18 Exhibit 18 - August 7, 2019 Letter to Nike, #19 Exhibit 19 - Nike Website - August 12, 2019, #20 Exhibit 20 - Nike Website - August 29, 2019, #21 Exhibit 21 - Infringement in Mebane, NC, #22 Exhibit 22 - Infringement in Chicago, IL)(ANDERSON, CORBY) |
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