Sauer Brands, Inc. v. Duke Sandwich Productions, Inc. et al
Plaintiff: Sauer Brands, Inc. a/k/a DUKE'S, Sauer Brands, Inc. and Duke
Defendant: Duke Sandwich Productions, Inc., Duke Brands and DFP Sandwich Shops, LLC
Case Number: 3:2019cv00508
Filed: October 4, 2019
Court: US District Court for the Western District of North Carolina
Presiding Judge: David S Cayer
Referring Judge: Frank D Whitney
Nature of Suit: Trademark
Cause of Action: 15:1114
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2019 Opinion or Order TEXT-ONLY ORDER granting #17 Motion for Extension of Time to File Response/Reply re #15 MOTION to Dismiss or, in the Alternative, to Transfer. Responses due by 12/6/2019. So Ordered. Entered by Magistrate Judge David S. Cayer on 11/21/2019. (DLG)
November 21, 2019 Filing 17 Consent MOTION for Extension of Time to File Response/Reply re: #15 MOTION to Dismiss or, in the Alternative, to Transfer by Sauer Brands, Inc.. Responses due by 12/5/2019 (Attachments: #1 Proposed Order)(Muckenfuss, Robert). Motions referred to David S. Cayer.
November 19, 2019 Filing 16 MEMORANDUM in Support re #15 MOTION to Dismiss or, in the Alternative, to Transfer by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. (Attachments: #1 Affidavit Declaration of Andrew Smart.)(Wharton, Jacob) (Attachment 1 replaced on 11/20/2019) (brj).
November 19, 2019 Filing 15 MOTION to Dismiss or, in the Alternative, to Transfer by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. Responses due by 12/3/2019 (Wharton, Jacob)
November 19, 2019 Filing 14 NOTICE of Appearance by John D. Wooten, IV on behalf of All Defendants (Wooten, John)
October 30, 2019 Opinion or Order Filing 13 ORDER granting #12 Motion for Extension of Time to Answer re #1 Complaint. DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc. answer due 11/19/2019. Signed by Magistrate Judge David S. Cayer on 10/29/19. (tob)
October 29, 2019 Filing 12 Consent MOTION for Extension of Time to Answer re: #1 Complaint,,,, by DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. (Wharton, Jacob). Motions referred to David S. Cayer.
October 24, 2019 Filing 11 NOTICE of Appearance by Pressly M. Millen on behalf of All Defendants (Millen, Pressly)
October 23, 2019 Filing 10 NOTICE of Appearance by Jacob Steven Wharton on behalf of All Defendants (Wharton, Jacob)
October 22, 2019 Notice to Amanda L. DeFord: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 10/29/2019. (mek)
October 22, 2019 Notice to Lucy Jewett Wheatley: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 10/29/2019. (mek)
October 22, 2019 Opinion or Order Filing 9 ORDER granting #7 Motion for Leave to Appear Pro Hac Vice added Lucy Jewett Wheatley for Sauer Brands, Inc.; granting #8 Motion for Leave to Appear Pro Hac Vice added Amanda L. DeFord for Sauer Brands, Inc. Signed by Magistrate Judge David S. Cayer on 10/22/2019. (mek)
October 18, 2019 Filing 8 MOTION for Leave to Appear Pro Hac Vice as to Amanda L. DeFord Filing fee $ 281, receipt number 0419-4226420. by Sauer Brands, Inc.. (Attachments: #1 Proposed Order)(Muckenfuss, Robert). Motions referred to David S. Cayer.
October 18, 2019 Filing 7 MOTION for Leave to Appear Pro Hac Vice as to Lucy Jewett Wheatley Filing fee $ 281, receipt number 0419-4226395. by Sauer Brands, Inc.. (Attachments: #1 Exhibit A Court Admissions for Lucy Jewett Wheatley, #2 Proposed Order)(Muckenfuss, Robert). Motions referred to David S. Cayer.
October 11, 2019 Filing 6 AFFIDAVIT of Service filed by Sauer Brands, Inc.. DFP Sandwich Shops, LLC served on 10/8/2019, answer due 10/29/2019; Duke Brands served on 10/8/2019, answer due 10/29/2019; Duke Sandwich Productions, Inc. served on 10/8/2019, answer due 10/29/2019. (Attachments: #1 Exhibit A Acceptance of Service)(Muckenfuss, Robert)
October 7, 2019 Filing 5 REPORT on the Filing of an action regarding patent and/or trademark numbers contained in complaint. (Attachments: #1 Complaint) (eef)
October 7, 2019 Filing 4 Summons Issued Electronically as to DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: #1 Summons, #2 Summons)(eef)
October 7, 2019 Clerk's Entry and Service of #Initial Scheduling Order and #Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (eef)
October 7, 2019 Case assigned to Chief Judge Frank D. Whitney and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(eef)
October 4, 2019 Filing 3 Corporate Disclosure Statement by Sauer Brands, Inc. a/k/a DUKE'S (Muckenfuss, Robert)
October 4, 2019 Filing 2 Exhibit by Sauer Brands, Inc. a/k/a DUKE'S. Exhibit to #1 Complaint,,,, Civil Coversheet (Muckenfuss, Robert)
October 4, 2019 Filing 1 COMPLAINT against DFP Sandwich Shops, LLC, Duke Brands, Duke Sandwich Productions, Inc. with Jury Demand ( Filing fee $ 400 receipt number 0419-4208928), filed by Sauer Brands, Inc. a/k/a DUKE'S. (Attachments: #1 Exhibit A Photographs of Infringing Products Purchased in Charlotte North Carolina, #2 Exhibit B 1929 Bill of Sale, #3 Exhibit C Representative Examples of DUKES Marks, #4 Exhibit D Certificates of Registration for the DUKES Marks, #5 Exhibit E Certificates of Registration for the DUKES Marks, #6 Exhibit F Certificates of Registration for the DUKES Marks, #7 Exhibit G Certificates of Registration for the DUKES Marks, #8 Exhibit H Certificates of Registration for the DUKES Marks, #9 Exhibit I Representative Examples of Fame of DUKES branded products, #10 Exhibit Representative Example of Actual Confusion, #11 Exhibit K Screen Shots from Duke's History subpage, #12 Exhibit L Screen Shots from 100 Years Subpage)(Muckenfuss, Robert)

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Defendant: Duke Sandwich Productions, Inc.
Represented By: John D. Wooten, IV
Represented By: Jacob Steven Wharton
Represented By: Pressly M. Millen
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Defendant: Duke Brands
Represented By: John D. Wooten, IV
Represented By: Jacob Steven Wharton
Represented By: Pressly M. Millen
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Defendant: DFP Sandwich Shops, LLC
Represented By: John D. Wooten, IV
Represented By: Jacob Steven Wharton
Represented By: Pressly M. Millen
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Plaintiff: Sauer Brands, Inc. a/k/a DUKE'S
Represented By: Robert Ashley Muckenfuss
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Plaintiff: Sauer Brands, Inc.
Represented By: Robert Ashley Muckenfuss
Represented By: Amanda L. DeFord
Represented By: Lucy Jewett Wheatley
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Plaintiff: Duke
Represented By: Robert Ashley Muckenfuss
Represented By: Amanda L. DeFord
Represented By: Lucy Jewett Wheatley
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