Sparkle International, Inc. v. Earll et al.
| Sparkle International, Inc. |
| Christopher L. Earll, Jeffrey S. Schrader, Cutting Edge Restoration, Inc. and Christopher J. Earll |
| 1:2024cv00659 |
| April 12, 2024 |
| US District Court for the Northern District of Ohio |
| Patricia A Gaughan |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 13 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge filed by Sparkle International, Inc. (Cuppage, David) Added consent text on 6/10/2024 (S,JM). |
| Service by Clerk. Summons and Complaint addressed to Cutting Edge Restoration, Inc. placed in U.S. Mail. Type of service: certified mail. Receipt # 9589 0710 5270 1238 6036 19. (S,DA) |
| Service by Clerk. Summons and Complaint addressed to Jeffrey S. Schrader placed in U.S. Mail. Type of service: certified mail. Receipt # 9589 0710 5270 1238 6036 02. (S,DA) |
| Service by Clerk. Summons and Complaint addressed to Christopher J. Earll placed in U.S. Mail. Type of service: certified mail. Receipt # 9589 0710 5270 1238 6035 96. (S,DA) |
| Filing 12 Original Summons issued to counsel for service upon Cutting Edge Restoration, Inc., Christopher J. Earll, Jeffrey S. Schrader. (M,CE) |
| Filing 11 Subpoena Returned Executed; served upon Meta Platforms, Inc. by Personal Service on 5/31/24 filed on behalf of Sparkle International, Inc. (Cuppage, David) |
| Filing 10 Praecipe for issuance of Original Summons filed by Sparkle International, Inc.. (Attachments: #1 Summons - Christopher J. Earll, #2 Summons - Jeffrey S. Schrader, #3 Summons - Cutting Edge Restoration, Inc.)(Cuppage, David) |
Order [non-document]: Plaintiff's Motion for leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference is granted. District Judge Patricia A Gaughan on 5/20/24. (LC,S) re #9
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| Filing 9 Motion for leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference with brief in support filed by Plaintiff Sparkle International, Inc. (Attachments: #1 Exhibit - M - About - SparkleWash Charlotte - Facebook - www.facebook.com, #2 Exhibit - N - Page Not Found _ Facebook, #3 Exhibit - O - Page Not Found _ Facebook, #4 Exhibit - P - May I obtain any account information or.., #5 Exhibit - Q - Information for Law Enforcement _ Facebook Help Center, #6 Federal Subpoena for Meta/Facebook for subscriber information for Facebook page)(Cuppage, David) |
| Filing 8 Attorney Appearance by Matthew T. Waters filed by on behalf of Sparkle International, Inc.. (Waters, Matthew) |
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Filing 7
Order: This matter is before the Court on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. (Doc. #6 .) A conference call was held. Attorneys David Cuppage, Rachel Steinlage, and Matthew Waters participated on behalf of Plaintiff. Defendants Christopher Earll and Jeffrey Schrader also participated. The parties have agreed that Defendants will not use on their Facebook page the Sparkle International Marks, the email of sparklewashcharlotte@gmail.com, the website listing of sparklewashcharlotte.com, and the hyperlink to Plaintiff's webpage. Accordingly, Plaintiff's Motion for Temporary Restraining Order is moot. Plaintiffs Motion for a Preliminary Injunction will be addressed at the Case Management Conference. District Judge Patricia A Gaughan on 5/6/24. (LC,S) Time: 30 mins
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| Filing 6 Motion for temporary restraining order and Preliminary Injunction with brief in support filed by Plaintiff Sparkle International, Inc.. (Attachments: #1 Exhibit Declaration in Support, #2 Exhibit - J - Facebook current, #3 Exhibit K - Soft Wash Roof Cleaning - Sparkle Wash Pressure Washing - sparklewash.com)(Cuppage, David) |
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Filing 5
Case Management Conference Scheduling Order with case management conference set on 6/12/2024 at 08:45 AM to be held telephonically by Hon. Patricia A Gaughan. Signed by District Judge Patricia A Gaughan on 5/01/24. (D,Ma)
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| Filing 4 Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Sparkle International, Inc.. (Cuppage, David) |
| Filing 3 Corporate Disclosure Statement filed by Sparkle International, Inc.. (Cuppage, David) |
| Filing 2 Magistrate Consent Form issued. Summonses not provided and were not issued. (H,Ch) |
| Filing 1 Complaint (Civil Cover Sheet) with jury demand against All Defendants. Filing fee paid $ 405, Receipt number AOHNDC-12505506. Filed by Sparkle International, Inc. (Attachments: #1 Complaint for service mark infringement, unfair competition, deceptive trade practices and breach of contract with jury demand, #2 Exhibit - A - Status Search SN 871508, #3 Exhibit - B - Status Search SN 887666, #4 Exhibit - C - Status Search SN 887667, #5 Exhibit - D - Franchise Agreements, #6 Exhibit - E - CERI Articles and Annual Report, #7 Exhibit - F - Charlotte Termination Agreement, #8 Exhibit - G - DBA - Power Wash Charlotte, #9 Exhibit - H - Power Wash Charlotte _ Pressure Washing and Soft Washing Services, #10 Exhibit - I - Sparkle Wash Charlotte Facebook, #11 Waiver of Service of Summons (Earll), #12 Waiver of Service of Summons (Schrader), #13 Waiver of Service of Summons (Cutting Edge)) (Cuppage, David) |
| District Judge Patricia A Gaughan assigned to case. (H,Ch) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jennifer Dowdell Armstrong. (H,Ch) |
| Notice by Clerk that Sparkle International, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (H,Ch) |
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