GLOBAL BIOPROTECT LLC v. VIACLEAN TECHNOLOGIES, LLC
| GLOBAL BIOPROTECT LLC |
| VIACLEAN TECHNOLOGIES, LLC |
| 1:2020cv00553 |
| June 19, 2020 |
| US District Court for the Middle District of North Carolina |
| LORETTA C BIGGS |
| JOI ELIZABETH PEAKE |
| Trademark |
| 15 U.S.C. § 44 |
| Both |
Docket Report
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| Filing 52 NOTICE of Special Appearance by attorney SIRI M. RAO on behalf of Counter Claimant VIACLEAN TECHNOLOGIES, LLC, Defendant VIACLEAN TECHNOLOGIES, LLC ( Filing fee $ 25 receipt number 0418-2946787.) (RAO, SIRI) |
| Filing 51 NOTICE of Special Appearance by attorney JOSHUA M. RYCHLINSKI on behalf of Counter Claimant VIACLEAN TECHNOLOGIES, LLC, Defendant VIACLEAN TECHNOLOGIES, LLC ( Filing fee $ 25 receipt number 0418-2943162.) (RYCHLINSKI, JOSHUA) |
| Filing 50 NOTICE of Special Appearance by attorney ALI H.K. TEHRANI on behalf of Counter Claimant VIACLEAN TECHNOLOGIES, LLC, Defendant VIACLEAN TECHNOLOGIES, LLC ( Filing fee $ 25 receipt number 0418-2943160.) (TEHRANI, ALI) |
| Filing 49 NOTICE of Special Appearance by attorney BRIAN PAUL GEARING on behalf of Counter Claimant VIACLEAN TECHNOLOGIES, LLC, Defendant VIACLEAN TECHNOLOGIES, LLC ( Filing fee $ 25 receipt number 0418-2943153.) (GEARING, BRIAN) |
| Filing 48 SUPPLEMENTAL PROTECTIVE ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 11/12/2020, that the stipulated protective order is LIMITED and MODIFIED as set out herein. (Garland, Leah) |
| Filing 47 JOINT PROTECTIVE ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 11/12/2020, as set out herein. (Garland, Leah) |
Filing 46
ORDER Appointing RAYMOND E. OWENS, JR., as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Kemp, Donita)
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| Filing 45 NOTICE by GLOBAL BIOPROTECT LLC of Selection of Mediator by all parties (WHARTON, JACOB) |
| Motion Referred: RE: #44 Joint MOTION for Protective Order , to MAG/JUDGE JOI ELIZABETH PEAKE. (Blay, Debbie) |
| Filing 44 Joint MOTION for Protective Order by GLOBAL BIOPROTECT LLC. Response to Motion due by 11/3/2020 (Attachments: #1 Exhibit A - Joint Protective Order)(WHARTON, JACOB) |
| MEDIATION SCHEDULING ORDER; Selection of Mediator due by 11/4/2020. Mediation due by 5/31/2021.(Kemp, Donita) |
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Filing 43
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 10/14/2020, that the parties' Joint Rule 26(f) Report [Doc. #42 ] is approved as submitted and as noted herein. Discovery shall be established as Complex. The parties do not consent to trial or entry of judgment by a Magistrate Judge. Trial is expected to take approximately 4-6 days. A jury trial has been demanded. Plaintiff's Amended Pleadings due by 11/2/2020. Defendant's Amended Pleadings due by 11/2/2020. Discovery due by 5/31/2021. Joinder of Parties for Plaintiff due by 11/2/2020. Joinder of Parties for Defendant due by 11/2/2020. Dispositive Motions due by 6/30/2021. (Garland, Leah)
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| Motions Referred: RE: #42 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
| Filing 42 Rule 26(f) Report (Joint) filed by all parties by GLOBAL BIOPROTECT LLC. (WHARTON, JACOB) |
| Motions Submitted: #8 MOTION for Temporary Restraining Order and Preliminary Injunction, #11 MOTION to Seal #27 Consent MOTION to Seal, #38 MOTION to Seal,to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Filing 41 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 10/22/2020 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim) |
| Filing 40 SEALED UNREDACTED DOCUMENTS filed by Plaintiff GLOBAL BIOPROTECT LLC re #38 Motion to Seal,. (Attachments: #1 Exhibit A11 - Invoices, #2 Exhibit A12 - Aug 5 2020 Email, #3 Exhibit A13 - Aug 6 2020 Email)(WHARTON, JACOB) |
| Filing 39 MEMORANDUM filed by Plaintiff GLOBAL BIOPROTECT LLC re #38 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 GLOBAL BIOPROTECT LLC. (WHARTON, JACOB) |
| Filing 38 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 GLOBAL BIOPROTECT LLC. Response to Motion due by 10/5/2020 (WHARTON, JACOB) |
| Filing 37 DECLARATION of Minnie Kim filed by Plaintiff GLOBAL BIOPROTECT LLC re #35 Declaration, AMENDED filed by GLOBAL BIOPROTECT LLC. (Attachments: #1 Exhibit B17 - Google Shopping, #2 Exhibit B18 - EPA Approvals, #3 Errata B19 - Alternative Brand Names, #4 Exhibit B20 - Label)(WHARTON, JACOB) |
| Filing 36 DECLARATION of Gary Willett filed by Plaintiff GLOBAL BIOPROTECT LLC re #34 Declaration, AMENDED filed by GLOBAL BIOPROTECT LLC. (Attachments: #1 Exhibit A10 - Nov 2010 Article, #2 Exhibit A11 - Invoices, #3 Exhibit A12 - Aug 5 2020 Email, #4 Exhibit A13 - Aug 6 2020 Email)(WHARTON, JACOB) |
| Filing 35 DECLARATION of Minnie Kim filed by Plaintiff GLOBAL BIOPROTECT LLC re #33 Reply to Response to Motion filed by GLOBAL BIOPROTECT LLC. (Attachments: #1 Exhibit B17 - Google Shopping, #2 Exhibit B18 - EPA Approvals, #3 Exhibit B19 - Alternative Brand Names, #4 Exhibit B20 - Label)(WHARTON, JACOB) |
| Filing 34 DECLARATION filed by Plaintiff GLOBAL BIOPROTECT LLC re #33 Reply to Response to Motion filed by GLOBAL BIOPROTECT LLC. (Attachments: #1 Exhibit A10 - Nov 2010 Article, #2 Exhibit A12 - Aug 5 2020 Email, #3 Exhibit A13 - Aug 6 2020 Email)(WHARTON, JACOB) |
| Filing 33 REPLY, filed by Plaintiff GLOBAL BIOPROTECT LLC, to Response to #8 MOTION for Temporary Restraining Order and Preliminary Injunction filed by GLOBAL BIOPROTECT LLC. (WHARTON, JACOB) |
| Filing 32 Affirmative Defenses and ANSWER to Complaint with Jury Demand by GLOBAL BIOPROTECT LLC. (WHARTON, JACOB) |
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Filing 31
ORDER GRANTING CONSENT MOTION FOR EXTENSION OF TIME signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/9/2020; that Plaintiff's Motion for Extension of Time [Doc. #29 ] is GRANTED, and the time for Plaintiff to file (1) a reply in support of its Motion for Temporary Restraining Order and Preliminary Injunction and (2) an answer to Defendant's counterclaims is extended to and through September 11, 2020. (Sheets, Jamie)
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| Filing 30 NOTICE of Attorney Appearance by attorney JEFFREY L. ROETHER on behalf of Counter Claimant VIACLEAN TECHNOLOGIES, LLC, Defendant VIACLEAN TECHNOLOGIES, LLC (ROETHER, JEFFREY) |
| Motion Referred: RE: #29 Consent MOTION for Extension of Time to File Answer re #21 Answer to Complaint, Counterclaim, #23 Response in Opposition to Motion , to MAG/JUDGE JOI ELIZABETH PEAKE. (Blay, Debbie) |
| Filing 29 Consent MOTION for Extension of Time to File Answer re #21 Answer to Complaint, Counterclaim, #23 Response in Opposition to Motion by GLOBAL BIOPROTECT LLC. (KIM, MINNIE) |
| Filing 28 MEMORANDUM filed by Defendant VIACLEAN TECHNOLOGIES, LLC re #27 Consent MOTION to Seal PORTIONS OF DOCUMENTS [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 VIACLEAN TECHNOLOGIES, LLC. (NOTT, STEPHANIE) |
| Filing 27 Consent MOTION to Seal PORTIONS OF DOCUMENTS [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 VIACLEAN TECHNOLOGIES, LLC. (Attachments: #1 Sealed Unredacted DEFENDANT VIACLEAN TECHNOLOGIES, LLCS MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION, #2 Sealed Unredacted DECLARATION OF GREG TIPSORD IN OPPOSITION TO PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION, #3 Proposed Order)(NOTT, STEPHANIE) Modified on 8/24/2020 to reflect Attachments Docketed Incorrectly and Modified to Seal Attachments at Request of Counsel. (Butler, Carol) |
| Filing 26 DECLARATION of Stephanie Nott, Esq. filed by Defendant VIACLEAN TECHNOLOGIES, LLC re #8 MOTION for Temporary Restraining Order and Preliminary Injunction filed by VIACLEAN TECHNOLOGIES, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(NOTT, STEPHANIE) |
| Filing 25 DECLARATION of James Young filed by Defendant VIACLEAN TECHNOLOGIES, LLC re #8 MOTION for Temporary Restraining Order and Preliminary Injunction filed by VIACLEAN TECHNOLOGIES, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(NOTT, STEPHANIE) |
| Filing 24 DECLARATION of Greg Tipsord filed by Defendant VIACLEAN TECHNOLOGIES, LLC re #8 MOTION for Temporary Restraining Order and Preliminary Injunction filed by VIACLEAN TECHNOLOGIES, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(NOTT, STEPHANIE) |
| Filing 23 RESPONSE in Opposition re #8 MOTION for Temporary Restraining Order and Preliminary Injunction filed by GLOBAL BIOPROTECT LLC filed by VIACLEAN TECHNOLOGIES, LLC. (NOTT, STEPHANIE) |
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Filing 22
ORDER signed by JUDGE LORETTA C. BIGGS on 8/17/2020; the Court in its discretion hereby GRANTS Defendant's motion (Doc. #20 ). Defendant ViaClean Technologies, LLC shall respond to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction on or before August 21, 2020. (Sheets, Jamie)
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| Filing 21 ANSWER to #1 Complaint, with Jury Demand , Counterclaim against by VIACLEAN TECHNOLOGIES, LLC. (NOTT, STEPHANIE) |
| Filing 20 Consent MOTION for Extension of Time to File Response/Reply as to #8 MOTION for Temporary Restraining Order and Preliminary Injunction by VIACLEAN TECHNOLOGIES, LLC. (Attachments: #1 Text of Proposed Order Proposed Order granting MEXT)(JOSEPH, SHANNON) |
| Motion Submitted: #20 Consent MOTION for Extension of Time to File Response/Reply as to #8 MOTION for Temporary Restraining Order and Preliminary Injunction to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
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Filing 19
ORDER GRANTING EXTENSION OF TIME FOR DEFENDANT TO RESPOND TO PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND RELATED MOTION TO FILE UNDER SEAL signed by JUDGE LORETTA C. BIGGS on 8/6/2020; Defendant ViaClean Technologies, LLC shall respond to both of Plaintiff's motions by or before August 12, 2020. (Sheets, Jamie)
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| Motions Submitted: #18 Consent MOTION for Extension of Time to File Response/Reply as to #8 MOTION for Temporary Restraining Order and Preliminary Injunction, #11 MOTION to Seal Portions of Documents [If the party filing this motion is to JUDGE LORETTA C. BIGGS- (Williamson, Wanda) |
| Filing 18 Consent MOTION for Extension of Time to File Response/Reply as to #8 MOTION for Temporary Restraining Order and Preliminary Injunction, #11 MOTION to Seal Portions of Documents [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 VIACLEAN TECHNOLOGIES, LLC. (Attachments: #1 Text of Proposed Order Proposed Order granting Consent MEXT)(JOSEPH, SHANNON) |
| Filing 17 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by VIACLEAN TECHNOLOGIES, LLC. (Attachments: #1 Text of Proposed Order Granting Extension)(JOSEPH, SHANNON) |
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ORDER granting #17 Motion for Extension of Time to Answer for VIACLEAN TECHNOLOGIES, LLC. Answer due by 8/14/2020. Signed by John Brubaker, Clerk of Court, on 7/17/2020. (Brubaker, John)
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| Filing 16 NOTICE of Special Appearance by attorney STEPHANIE L. NOTT on behalf of Defendant VIACLEAN TECHNOLOGIES, LLC (NOTT, STEPHANIE) |
| Filing 15 Corporate Disclosure Statement by VIACLEAN TECHNOLOGIES, LLC. (JOSEPH, SHANNON) |
| Filing 14 NOTICE of Appearance by attorney SHANNON R. JOSEPH on behalf of Defendant VIACLEAN TECHNOLOGIES, LLC (JOSEPH, SHANNON) |
| Filing 13 SEALED UNREDACTED DOCUMENTS filed by Plaintiff GLOBAL BIOPROTECT LLC re #11 Motion to Seal,. (Attachments: #1 Exhibit A - Declaration of Gary Willett, #2 Exhibit A2 - April 2 Email, #3 Exhibit A3 - April 29 Email, #4 Exhibit A5 - June 5 Email, #5 Exhibit A6 - June 23 Email, #6 Exhibit A7 - July 6 Email, #7 Exhibit A8 - Order Guide, #8 Exhibit A9 - LinkedIn Post)(WHARTON, JACOB) |
| Filing 12 BRIEF re #11 MOTION to Seal Portions of Documents [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 Plaintiff GLOBAL BIOPROTECT LLC filed by GLOBAL BIOPROTECT LLC. (WHARTON, JACOB) |
| Filing 11 MOTION to Seal Portions of Documents [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 GLOBAL BIOPROTECT LLC. Response to Motion due by 8/5/2020 (WHARTON, JACOB) |
| Filing 10 DECLARATION of Minnie Kim filed by Plaintiff GLOBAL BIOPROTECT LLC re #9 Brief,, filed by GLOBAL BIOPROTECT LLC. (Attachments: #1 Exhibit B1 - FB Page Summary, #2 Exhibit B2 - Twitter Account, #3 Exhibit B3 - PA SoS Record, #4 Exhibit B4 - Earliest FB Post, #5 Exhibit B5 - Twitter Creation Date, #6 Exhibit B6 - Archived Web Page, #7 Exhibit B7 - ViaClean Ad, #8 Exhibit B8 - BioProtect Ad, #9 Exhibit B9 - Google Search, #10 Exhibit B10 - Google Search, #11 Exhibit B11 - TESS Results, #12 Exhibit B12 - FB Post, #13 Exhibit B13 - Supermarket Italy Listing, #14 Exhibit B14 - Farm and Home Supply Listing, #15 Exhibit B15 - Farm and Fleet Listing, #16 Exhibit B16 - WHOIS Record)(WHARTON, JACOB) |
| Filing 9 BRIEF re #8 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff GLOBAL BIOPROTECT LLC filed by GLOBAL BIOPROTECT LLC. (Attachments: #1 Exhibit A - Declaration of Gary Willett, #2 Exhibit A1 - 2011 FDA Label, #3 Exhibit A2 - April 2 Email, #4 Exhibit A3 - April 29 Email, #5 Exhibit A4 - May 8 Text, #6 Exhibit A5 - June 5 Email, #7 Exhibit A6 - June 23 Email, #8 Exhibit A7 - July 6 Email, #9 Exhibit A8 - Order Guide, #10 Exhibit A9 - LinkedIn Post)(WHARTON, JACOB) |
| Filing 8 MOTION for Temporary Restraining Order and Preliminary Injunction by GLOBAL BIOPROTECT LLC. Response to Motion due by 8/5/2020 (WHARTON, JACOB) |
| Filing 7 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Sheets, Jamie) |
| Filing 6 Summons Issued as to VIACLEAN TECHNOLOGIES, LLC. (Sheets, Jamie) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff GLOBAL BIOPROTECT LLC (WHARTON, JACOB) |
| Filing 4 NOTICE of Appearance by attorney MINNIE KIM on behalf of Plaintiff GLOBAL BIOPROTECT LLC (KIM, MINNIE) |
| Filing 3 NOTICE of Appearance by attorney JACOB S. WHARTON on behalf of Plaintiff GLOBAL BIOPROTECT LLC (WHARTON, JACOB) |
| Filing 1 COMPLAINT (Verified) against VIACLEAN TECHNOLOGIES, LLC (Filing fee $ 400 receipt number 0418-2827341), filed by GLOBAL BIOPROTECT LLC. (Attachments: #1 Exhibit A - BIOPROTECT Registration Certificate, #2 Exhibit B - Examples of Infringing Product) (WHARTON, JACOB) |
| 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 JUDGE LORETTA C. BIGGS and MAG/JUDGE JOI ELIZABETH PEAKE. (Sheets, Jamie) |
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