International Watchman, Inc. v. OnceWill LLC et al
| International Watchman, Inc. |
| June Watch Straps doing business as junewatchstraps.com, Rowing Blazer Ltd. doing business as rowingblazers.com, OnceWill LLC doing business as oncewill.com, Band Brand doing business as bandbrand.co, Seaholm, Inc. doing business as seaholmautomatic.com, Mora Straps LLC doing business as morastraps.com, B and R Bands LLC doing business as bandrbands.com, Benchmark Mercantile LLC doing business as benchmarkbasics.com and Helfen Company, LLC doing business as archerwatchstraps.com |
| Seaholm, Inc., OnceWill LLC, Benchmark Mercantile LLC and Mora Straps LLC |
| Daniel J. McMullen |
| 1:2020cv02290 |
| October 9, 2020 |
| US District Court for the Northern District of Ohio |
| Pamela A Barker |
| J Philip Calabrese |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 16, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by telephone on September 15, 2021 at 4:00 p.m. David Welling appeared for Plaintiff; Carrie Sufflebarger appeared for Defendant OnceWill. The parties advised the Court that they have reached a settlement. The Court orders the parties to file an agreed injunction and dismissal no later than November 15, 2021. Time: 5 minutes. (Y,A)
|
|
Filing 59
Order: For the reasons set forth in the Order accompanying this entry, the Court ENTERS the agreed-to permanent injunction against Defendant Mora and will retain jurisdiction over that injunction. Further, the Court DISMISSES WITH PREJUDICE International Watchman's claims against and DROPS Defendant Mora it from this action (ECF No. #57 .) Judge J. Philip Calabrese on 8/27/2021. (Y,A)
|
|
IMPORTANT: Notice [non-document]: Telephone Conference set for 9/15/2021 at 4:00 p.m. before Judge J. Philip Calabrese. (Y,A)
|
|
Filing 58
Order: For the foregoing reasons, the Court ENTERS the agreed-to permanent injunction against Defendant Benchmark Mercantile and retains jurisdiction over that injunction. Further, the Court DISMISSES WITH PREJUDICE International Watchman's claims against and DROPS Defendant Benchmark Mercantile from this action. (ECF No. #56 .) Judge J. Philip Calabrese on 8/17/2021. (Y,A)
|
|
Filing 57
Agreed Entry of Injunction, and Partial Dismissal of Case , of Mora LLC, only, filed by All Plaintiffs. (Welling, David)
|
|
Filing 56
Notice of Dismissal Under FRCP 41(a)(1) with Agreed Entry of Injunction, as to Defendant Benchmark Mercantile, only, filed by International Watchman, Inc.. (Welling, David)
|
|
Final Mediation Report filed manually with Alternative Dispute Resolution (ADR) Department. Daniel J. McMullen, with the Law Firm Calfee, Halter & Griswold LLP,, The Calfee Building, 1405 East Sixth Street, Cleveland, OH 44114, served as Mediator in the within case. Mediation Conference was held on April 27, 2021 and April 28, 2021, and as a result, the Mediation process is complete. The case settled. ADR Disposition Code: 26. Future ADR: N/A. Related document(s) #53 . (B,AL)
|
|
Filing 55
Order: The Court ENTERS the agreed-to permanent injunction against Defendant Seaholm, Inc., and will retain jurisdiction over that injunction. The Court further DISMISSES WITH PREJUDICE International Watchman's claims against Seaholm, Inc. (ECF No. #54 .) SO ORDERED. Judge J. Philip Calabrese on 4/5/2021. (Y,A)
|
|
Filing 54
Proposed Order of Agreed Entry of Injunction & Dismissal of Defendant, Seaholm Inc., from this lawsuit, with prejudice; however, the parties request the Court to retain jurisdiction over their settlement agreement, filed by International Watchman, Inc.. (Welling, David)
|
|
Filing 53
Notice of Designation of Mediator. Mediator to schedule the Mediation Conference and file an electronic notice setting forth the date, time and location of the Mediation. Designated Neutral/Mediator: Daniel J. McMullen. ADR Hearing to be scheduled on or before 4/30/2021. Report of Mediator Form to be manually filed with the ADR Department no later than 5/14/2021. Report of Mediator Form is attached to the Notice of Designation. Related document(s) #49 . (Attachments: #1 Report of Mediator Form)(B,AL)
|
|
Filing 52
Notice received from Third potential neutral regarding conflict. Neutral available: Yes. (B,AL)
|
|
Filing 51
Notice received from Second potential neutral regarding conflict. Neutral available: No. Related document(s) #49 . (B,AL)
|
|
Filing 50
Notice received from First potential neutral regarding conflict. Neutral available: No. Related document(s) #48 . (B,AL)
|
|
Filing 49
Notice sent to potential neutrals regarding conflict check. Neutral Response Form due by 3/19/2021. Related document(s) #48 . (Attachments: #1 Neutral Response Form)(B,AL)
|
|
Filing 48
Joint Agreed Mediation Ranking Sheet filed by International Watchman, Inc.. Related document(s) #45 .(Welling, David)
|
|
Filing 47
Answer to #40 Counterclaim of Defendant Mora, LLC filed by International Watchman, Inc.. (Welling, David)
|
|
Filing 46
Initial Disclosures filed by Seaholm, Inc.. (Lawrence, David)
|
|
Filing 45
Notice of Referral to Mediation. List of potential neutrals sent to parties. Agreed Mediation Ranking Sheet due by 3/11/2021. (Attachments: #1 Ranking Form, #2 List of Neutrals)(W,Na)
|
|
Filing 44
Protective Order. Judge J. Philip Calabrese on 3/4/2021. (Attachments: #1 Acknowledgement and Agreement to be Bound) (Y,A)
|
|
Filing 43
Case Management Conference Plan/Order: The Court sets the following schedule in this matter. Case is assigned to the standard track. Initial disclosures to be exchanged by March 10, 2021. Deadline to amend pleadings or add additional parties: April 1, 2021. Deadline for motions directed to the pleadings: May 3, 2021. Fact discovery deadline: August 21, 2021. Initial expert reports due: September 13, 2021. Rebuttal expert reports due: October 11, 2021. Expert discovery cutoff: November 15, 2021. Dispositive motion deadline: December 6, 2021. The Court sets a status conference for January 10, 2022 to be held in Courtroom 16-B of the Carl B. Stokes U.S. Courthouse, 801 West Superior Avenue, Cleveland, Ohio. SO ORDERED. Judge J. Philip Calabrese on 3/4/2021. (Y,A)
|
|
Minutes of proceedings [non-document] before Judge J. Philip Calabrese. Case Management Conference by telephone held on March 3, 2021. David A. Welling, John D. Gugliotta, and Nathaniel J. Gugliotta appeared for Plaintiff and Counter-Defendant International Watchman, Inc.; Carrie Shufflebarger appeared for Defendants and Counter-Plaintiffs OnceWill, LLC and Mora Straps, LLC; John Hansberry appeared for appeared for Defendant and Counter-Plaintiff Benchmark Mercantile LLC; David Lawrence appeared for Defendant and Counter-Plaintiff Seaholm, Inc. The parties discussed the status of the case, potential for mediation, the need for a protective order, and the other cases involving Plaintiff/Counter-Defendant that are currently pending in this district, other districts, state courts, and before the Trademark Trial and Appeal Board. A protective order, a Rule 502 Order, and a case management conference order will be entered separately. The Court will also enter a separate order referring the matter to mediation, at the parties' request. The Court directed the parties to its civil standing orders, available on the Courts webpage. Time: 22 minutes. (Y,A)
|
|
502 Order [non-document]: Pursuant to Rule 502(d) of the Federal Rules of Evidence, an inadvertent disclosure of a communication or information covered by the attorney-client privilege or work-product protection made in connection with this litigation shall not constitute a waiver of that privilege or protection in this or any other federal or state proceedings. Judge J. Philip Calabrese on 3/4/2021.
|
|
Order of Referral (non-document): to ADR for mediation. Pursuant to the parties' request and Local Rule 16.6, this matter is hereby REFERRED to the ADR Administrator for Mediation. This case is to be mediated at the earliest, mutually agreeable date. SO ORDERED. Judge J. Philip Calabrese. (Y,A)
|
|
Filing 42
Joint Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by International Watchman, Inc.. (Welling, David)
|
|
Filing 41
Answer to #30 Counterclaim filed by International Watchman, Inc.. (Welling, David) Modified on 2/18/2021 (W,CM).
|
|
Filing 40
Answer to #1 Complaint, Counterclaim against International Watchman, Inc. filed by Mora Straps LLC. (Shufflebarger, Carrie)
|
|
Filing 39
Attorney Appearance by Jada M. Colon filed by on behalf of OnceWill LLC. (Colon, Jada)
|
|
Filing 38
Attorney Appearance by Jada M. Colon filed by on behalf of Mora Straps LLC. (Colon, Jada)
|
|
Filing 37
Answer to #28 Answer to Complaint, Counterclaim filed by International Watchman, Inc.. (Welling, David)
|
|
Filing 36
Service by Clerk. Alias Summons and Complaint addressed to June Watch Straps placed in U.S. Mail. Type of service: ordinary mail. (T,Je)
|
|
Filing 35
Order: The Court construes International Watchman's Notice (ECF No. #32 ) as a motion to drop B & R Bands under Rule 21. Accordingly, The Court GRANTS that motion and DISMISSES B & R Bands WITH PREJUDICE. All parties to bear their own costs. SO ORDERED. Judge J. Philip Calabrese on 2/2/2021. (Y,A)
|
|
Filing 34
Request to Clerk for service upon June Watch Straps by ordinary mail. filed by International Watchman, Inc.. Related document(s) #33 . (Attachments: #1 Certificate of Mailing: Defendant, June Watch Straps)(Welling, David)
|
|
Filing 33
Return of Service unexecuted upon June Watch Straps. Service attempted by Certified Mail, Return Receipt on 1/20/2021 (was Unclaimed) filed on behalf of International Watchman, Inc. (Welling, David)
|
|
Filing 32
Notice of Dismissal Under FRCP 41(a)(1) of Defendant, B and R Bands LLC, only, with prejudice, subject to a settlement and license agreement; with all remaining claims against all remaining Defendants to remain ripe and active for further adjudication, filed by International Watchman, Inc.. (Welling, David)
|
|
Filing 31
Reply to #20 Answer to Complaint,, Counterclaim, of Defendant Seaholm, Inc., filed by International Watchman, Inc.. (Welling, David)
|
|
Filing 30
Answer to #1 Complaint, Affirmative Defenses, Counterclaim against International Watchman, Inc. filed by Benchmark Mercantile LLC. (Hansberry, John)
|
|
Filing 29
Case Management Conference Scheduling Order with case management conference to be held on 3/3/2021 at 3:00 PM and will be conducted telephonically before Judge J. Philip Calabrese. The Court will email dial-in instructions to the parties in advance of the Case Management Conference. (Attachments: #1 Rule 26 Report of Parties) (Y,A)
|
|
Filing 28
Answer to #1 Complaint, Counterclaim against International Watchman, Inc. filed by OnceWill LLC. (Shufflebarger, Carrie)
|
|
Order [non-document] On January 4, 2021, the parties filed a Stipulated Motion for Extension to allow Defendant Benchmark Mercantile LLC to answer or otherwise respond to the complaint. The motion, which Plaintiff International Watchman Inc. stipulated to, requests the Court afford Benchmark Mercantile LLC an additional 21 days to move or otherwise respond. For good cause shown and so the parties may continue their settlement discussions, the Court GRANTS the Motion. (ECF No. #27 .) Benchmark International shall answer or otherwise respond to the complaint on or before Monday, January 25, 2021. SO ORDERED. Judge J. Philip Calabrese on 1/5/2021. (Y,A)
|
|
Filing 27
Second Motion for extension of time until January 25, 2021 to answer Complaint filed by Defendant Benchmark Mercantile LLC. (Hansberry, John)
|
|
Order [non-document] Before the Court is Defendant OnceWill LLC's Consent Motion for Extension of Time to Answer. This consent motion was filed pursuant Judge Barker's December 7, 2020 Memorandum Opinion and Order (ECF No. #24 ) that Defendant was to answer, otherwise respond, or request extension to do so by December 21, 2020. As the motion indicates counsel for Plaintiff International Watchman, Inc. was consulted and does not oppose this extension, the Court hereby GRANTS the Motion (ECF No. #26 ) and instructs Defendant to answer or otherwise respond on or before Wednesday, January 20, 2021. SO ORDERED. Judge J. Philip Calabrese on 12/22/2020.(Y,A)
|
|
Filing 26
Consent Motion for extension of time to answer filed by Defendant OnceWill LLC. (Attachments: #1 Proposed Order)(Shufflebarger, Carrie)
|
|
Filing 25
Attorney Appearance by Carrie A. Shufflebarger filed by on behalf of OnceWill LLC. (Shufflebarger, Carrie)
|
|
Order (non-document) of case reassignment to District Judge J. Philip Calabrese pursuant to General Order 2020-27. Chief Judge Patricia A. Gaughan on December 7, 2020. (L,MI)
|
|
Filing 24
Memorandum Opinion and Order: Plaintiff International Watchman, Inc.'s Motion to Strike Defendant OnceWill LLC's Motion to Extend the Deadline to Respond to the Complaint (CM/ECF Doc. #12 ) and Request for Reconsideration of the Courts Docket Text Order Granting CM/ECF Doc. #12 filed on November 12, 2020 (Doc. No. #13 .) is GRANTED. OnceWill's Motion (Doc. No. #12 ) is stricken, and the Court will reconsider its previous order and deny OnceWills requested extension of time to respond to Plaintiffs Complaint. OnceWill shall file, through counsel, either another request for an extension of time or a response to Plaintiffs Complaint by December 21, 2020. Entered by Judge Pamela A. Barker on 12/7/2020. (L,Ja)
|
| Filing 23 Alias Summons issued to counsel for service upon Helfen Company, LLC. (S,AN) |
| Copy of #24 Memorandum Opinion and Order was mailed to OnceWill LLC c/o Ryan Sood at 2805 SW Bataan St. Seattle, WA 98126 on 12/7/2020. Related document(s) #24 . (L,Ja) |
| Filing 22 Praecipe for issuance of Alias Summons filed by International Watchman, Inc. (Attachments: #1 Alias Summons to Defendant, Helfen Company, LLC)(Welling, David) |
| Filing 21 Corporate Disclosure Statement filed by Seaholm, Inc.. (Lawrence, David) |
| Filing 20 Answer to #1 Complaint, Counterclaim against International Watchman, Inc. filed by Seaholm, Inc. (Attachments: #1 Exhibit A - Google search of Omega watches #2 Exhibit B - Spring and Summer Collection #3 Exhibit C - Amazon search)(Lawrence, David) |
| Filing 19 Alias Summons issued to counsel for service upon June Watch Straps. (S,AN) |
| Filing 18 Praecipe for issuance of Alias Summons filed by International Watchman, Inc.. (Attachments: #1 Alias Summons to Defendant, June Watch Straps)(Welling, David) |
|
Filing 17
Order and Notice of Party Dismissal of Defendant, Rowing Blazers Ltd. (Related Document #16 ). Entered by Judge Pamela A. Barker on 11/23/2020. (L,Ja)
|
| Filing 16 Notice of Dismissal Under FRCP 41(a)(1) of Defendant, Rowing Blazers Ltd., only, and Agreed Entry of Injunction filed by International Watchman, Inc.. (Welling, David) |
|
Order [non-document] granting Defendant's Motion for appearance pro hac vice by attorney David C. Lawrence for Seaholm, Inc.. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #15 ). Entered by Judge Pamela A. Barker on 11/18/2020.(L,Ja)
|
| Filing 15 Motion for attorney David C. Lawrence to Appear Pro Hac Vice. (Motion does not contain an original signature.) Filing fee $ 120, receipt number 14660127499, filed by Defendant Seaholm, Inc. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order, #3 Cover Letter, #4 envelope)(S,SR) Modified text on 11/19/2020 (M,TL). |
| Filing 14 Return of Service by certified mail executed upon Rowing Blazer Ltd. on 11/2/2020, filed on behalf of International Watchman, Inc. Related document(s) #4 . (Welling, David) |
| Filing 13 Motion to strike #12 Motion for extension and Request for reconsideration of court's order granting Motion for extension filed by Plaintiff International Watchman, Inc. Related document(s) #12 . (Attachments: #1 Exhibit State of Washington Secretary of State return for OnceWill LLC)(Welling, David). Modified text, added motion part on 11/13/2020 (S,SR). |
| Filing 12 (unsigned) Motion for extension of time of sixty days until January 4, 2020 to answer filed by Defendant OnceWill LLC. (Attachments: #1 email transmission)(S,SR) |
|
Order [non-document] granting #12 Defendant's(unsigned) Motion for extension of time of sixty days until January 4, 2021 to answer. Defendant's OnceWill LLC answer due 1/4/2021. Entered by Judge Pamela A. Barker on 11/12/2020.(L,Ja)
|
| Copy of 11/12/2020 Order [non-document] granting Motion for extension of time to answer was emailed and mailed to OnceWill LLC c/o Ryan Sood at 2805 SW Bataan St. Seattle, WA 98126 on 11/12/2020. (L,Ja) |
|
Order [non-document]granting Plaintiff's #9 Motion for Extension of Time to Answer. B and R Bands LLC answer due 12/5/2020. Approved by Judge Pamela A. Barker on 11/3/2020.(S,SR)
|
|
Order [non-document]granting Plaintiff's #10 Motion for Extension of Time to Answer. Seaholm, Inc. answer due 12/5/2020. Approved by Judge Pamela A. Barker on 11/3/2020.(S,SR)
|
|
Order [non-document] granting Plaintiff's #11 Stipulated Motion for Extension of Time to Answer. Benchmark Mercantile LLC answer due 1/4/2021. Approved by Judge Pamela A. Barker on 11/3/2020.(S,SR)
|
| Filing 11 Stipulated Motion for extension of time until 1/4/2021 to answer for Defendant, Benchmark Mercantile LLC, filed by Plaintiff International Watchman, Inc.. Related document(s) #7 . (Welling, David) |
| Filing 10 First Motion for extension of time until Dec. 5, 2020 for Seaholm, Inc. to Respond to Complaint to answer filed by Plaintiff International Watchman, Inc.. (Welling, David) |
| Filing 9 First Motion for extension of time until until Dec. 5, 2020 for B and R Bands to Respond to Complaint to answer filed by Plaintiff International Watchman, Inc.. (Welling, David) |
| Filing 8 Proof of Service by certified mail executed upon Seaholm, Inc. on 10/14/2020, filed on behalf of International Watchman, Inc. (Welling, David) |
| Filing 7 Proof of Service by certified mail executed upon Benchmark Mercantile LLC on 10/14/2020, filed on behalf of International Watchman, Inc. (Welling, David) |
| Filing 6 Proof of Service by certified mail executed upon Mora Straps LLC on 10/13/2020, no date on green card, date obtained by USPS website, filed on behalf of International Watchman, Inc. (Welling, David) |
| Filing 5 Proof of Service by certified mail executed upon OnceWill LLC on 10/13/2020, filed on behalf of International Watchman, Inc. (Welling, David) |
| Filing 4 Original Summons and Magistrate Consent Form issued to counsel for service upon B and R Bands LLC, Band Brand, Benchmark Mercantile LLC, Helfen Company, LLC, June Watch Straps, Mora Straps LLC, OnceWill LLC, Rowing Blazer Ltd., Seaholm, Inc. (Attachments: #1 Magistrate Consent Form) (Y,A) |
| Filing 3 Corporate Disclosure Statement filed by International Watchman, Inc.. (Welling, David) |
| Filing 2 Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by International Watchman, Inc.. (Welling, David) |
| Filing 1 Complaint with jury demand for trademark infringement against All Defendants. Filing fee paid $400, receipt number AOHNDC-10331442 Filed by International Watchman, Inc. (Attachments: #1 Exhibit NATO trademark, #2 Exhibit NATO G-10 trademark, #3 Exhibit Helfen Company, LLC infringement, #4 Exhibit B and R Bands LLC infringement, #5 Exhibit Band Brand infringement, #6 Exhibit Benchmark Mercantile LLC infringement, #7 Exhibit June Watch Straps infringement, #8 Exhibit Mora Straps LLC infringement, #9 Exhibit OnceWill LLC infringement, #10 Exhibit Rowing Blazer Ltd. infringement, #11 Exhibit Seaholm, Inc., #12 Civil Cover Sheet, #13 Summons B and R Bands, LLC, #14 Summons Band Brand, #15 Summons Benchmark Mercantile LLC, #16 Summons Helfen Company, LLC, #17 Summons June Watch Straps, #18 Summons Mora Straps LLC, #19 Summons OnceWill LLC, #20 Summons Rowing Blazer Ltd., #21 Summons Seaholm, Inc.) (Welling, David) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (Y,A) |
| Judge Pamela A. Barker assigned to case, (Y,A) |
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 Ohio Northern 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.
