F & V Corporation v. 67 Designs, LLC et al
Plaintiff: F & V Corporation doing business as Bulletpoint Mounting Solutions
Defendant: 67 Designs, LLC, Wild West Investments, LLC and Gavin Stener
Counter Defendant: F & V Corporation
Case Number: 3:2022cv00607
Filed: April 15, 2022
Court: US District Court for the Northern District of Ohio
Presiding Judge: Jack Zouhary
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 10, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 10, 2022 Filing 31 Defendants' Response in Opposition to #29 Plaintiff's "Renewed" Motion for TRO filed by 67 Designs, LLC, Gavin Stener, Wild West Investments, LLC. Related document(s) #29 . (Attachments: #1 Exhibit)(Sherry, James) Modified on 6/13/2022 (D,L).
June 9, 2022 Notice [non-document]. Motion Hearing set for June 13, 2022 at 2:00 PM will now be held in person in Courtroom 209 before Judge Jack Zouhary. (V,S)
June 6, 2022 Filing 30 Supplemental Affidavit of Ryan Fry filed by F & V Corporation. Related document(s) #6 . (Attachments: #1 Exhibit 1 - Websites of Parties)(Borell, John)
June 6, 2022 Filing 29 Opposition to #4 Motion for temporary and #21 Renewed Motion for temporary restraining order filed by F & V Corporation. (Borell, John)
June 6, 2022 Filing 28 Amended complaint against F & V Corporation, Wild West Investments, LLC and adding new party defendant(s) Gavin Stener. Filed by F & V Corporation. (Attachments: #1 Exhibit A - Trademark Reg. 6649626, #2 Exhibit B - Trademark Reg. 6649626 Drawing, #3 Exhibit C - April 11 2022 Amazon Notice, #4 Exhibit D - Bulletpoint Mounting Ball Mount, #5 Exhibit E - April 13 2022 Amazon Notice, #6 Exhibit F- May 24 2022 Amazon Notice, #7 Exhibit G - Bulletpoint Mounting Amazon Dashboard, #8 Exhibit H - Bulletpoint Mounting Amazon Account Health Rating, #9 Exhibit I - May 24 2022 Amazon Notice, #10 Consent to File Amended Complaint, #11 Summons) (Borell, John)
June 6, 2022 Filing 27 Notice of Consent to File Amended Complaint filed by F & V Corporation. (Borell, John) (Additional attachment(s) added on 6/7/2022: #1 Exhibit A) (D,L).
June 2, 2022 Opinion or Order ORDER [non-document] granting #26 Unopposed Motion for Leave to File Corrected Exhibit. Judge Jack Zouhary on 6/2/2022. (V,S)
June 1, 2022 Filing 26 Unopposed Motion for leave to File Corrected Exhibit in Support of Defendants Application for TRO and TI filed by 67 Designs, LLC, Wild West Investments, LLC. Related document(s) #21 . (Attachments: #1 Exhibit)(Sherry, James)
May 25, 2022 Opinion or Order Filing 25 ORDER. Record Video Conference held on May 24, 2022. Plaintiff's Response to Defendants' pending Motions and Counterclaim #21 due by June 6, 2022; Video Hearing on the pending Motions set for June 13, 2022 at 2:00 PM (EST). Judge Jack Zouhary on 5/25/2022. (Court Reporter: Angela Nixon) (20 mins)(V,S)
May 24, 2022 Filing 24 Report on the Filing of an Action Regarding a Copyright (AO121) filed by All Defendants. (Sherry, James)
May 20, 2022 Filing 23 Marginal Entry Order granting #20 Motion for appearance pro hac vice by attorney James E. Sherry for 67 Designs, LLC and Wild West Investments, LLC. 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. Judge Jack Zouhary on 5/20/2022. (Attachments: #1 ACTL Code of Conduct)(D,L)
May 20, 2022 Opinion or Order Order [non-document] granting #22 Unopposed Motion for leave by Robert T. Slovak and J. Michael Thomas to withdraw as attorney and Substitute James Sherry as Counsel. Attorneys Robert T. Slovak and J. Michael Thomas removed from case. Judge Jack Zouhary on 5/20/2022.(D,L)
May 18, 2022 Filing 22 Unopposed Motion for leave by Robert T. Slovak and J. Michael Thomas to withdraw as attorney and Substitute James Sherry as Counsel filed by 67 Designs, LLC, Wild West Investments, LLC. (Attachments: #1 Proposed Order)(Thomas, J.)
May 18, 2022 Opinion or Order ORDER [non-document]. Telephone Conference set for Tuesday, May 24, 2022 at 3:00 PM (EST). At that time, counsel shall call the District Court conference line (provided by email). Judge Jack Zouhary on 5/18/2022. (V,S)
May 17, 2022 Filing 21 Verified Answer to #1 Complaint, with Jury Demand, Counterclaim against F & V Corporation, Motion (Application) for Temporary Restraining Order and Motion for Preliminary Injunction filed by Wild West Investments, LLC, 67 Designs, LLC. (Attachments: #1 Exhibit A - Affidavit of Gavin Stener, #2 Exhibit B - TacoRail Trademark)(Kowalski, Gerald) Modified on 5/18/2022 to add motions for temporary restraining order and preliminary injunction (S,DM).
May 17, 2022 Filing 20 Motion for attorney James E. Sherry to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11425702, filed by 67 Designs, LLC, Wild West Investments, LLC. (Attachments: #1 Exhibit A - Declaration of James E. Sherry in Support of Motion for Pro Hac Vice)(Kowalski, Gerald)
May 6, 2022 Opinion or Order Order [non-document]. Upon today's email notification from Plaintiff's Counsel, the Motion for Temporary Restraining Order (Doc. #4 ) is withdrawn. Counsel should advise this court when they are prepared to have a further phone conference. Judge Jack Zouhary on 5/6/2022. (D,L)
May 4, 2022 Filing 19 Opposition to #4 Motion for temporary restraining orderMotion for preliminary injunction filed by All Defendants. (Attachments: #1 Exhibit A - Affidavit of Gavin Stener, #2 Exhibit A-1 - Trademark, #3 Exhibit A-2 - Ryan Fry and Jeff Lavin Orders 2018-19, #4 Exhibit A-3 - Ja. 28, 2020 Cease and Desist Letter, #5 Exhibit A-4 - C&D Bulletproof Mounting Solutions, #6 Exhibit A-5 - Customer Notice Redacted, #7 Exhibit A-6 - 2021-10-25 Jason, #8 Exhibit A-7 - 2021-05-20 Kris E, #9 Exhibit A-8 - 2020-12-02 Chris H, #10 Exhibit A-9 - 2020-11-06 Alan J, #11 Exhibit A-10 - 2020-03-23 Thomas B, #12 Exhibit A-11 - 2020-03-15 Kristopher, #13 Exhibit A-12 - 2019-11-30 Pat H, #14 Exhibit A-13 - 2019-08-27 Brandon, #15 Exhibit A-14 - Patent 924669S, #16 Exhibit A-15 - Patent 931710S, #17 Exhibit A-16 - Patent 876205S, #18 Exhibit A-17 - Patent 876930S, #19 Exhibit A-18 - Patent 876204S, #20 Exhibit A-19 - Patent 838579S, #21 Exhibit A-20 - Patent 792418S, #22 Exhibit A-21 - Instructional Materials, #23 Exhibit A-22 - Advertising Materials, #24 Exhibit B - Product List)(Thomas, J.)
May 3, 2022 Opinion or Order Filing 18 ORDER RE: JURISDICTION. Record video conference held on May 2, 2022. Defendants' Motion #14 is denied. See Order for details. Judge Jack Zouhary on 5/3/2022. (Court Reporter: Stacey Kiprotich) (30 mins) (V,S)
May 2, 2022 Opinion or Order ORDER [non-document]. At the request of counsel, this Court sets a Video Conference for TODAY, Monday, May 2, 2022 at 4:30 PM (EST). Zoom invitation will be sent by email. Judge Jack Zouhary on 5/2/2022. (V,S)
April 26, 2022 Filing 17 Opposition to #14 Motion to dismiss for Lack of Personal Jurisdiction or, in the Alternative, Motion to Transfer Venue filed by F & V Corporation. (Cooper, David)
April 25, 2022 Filing 16 Marginal Entry Order granting #10 Motion for appearance pro hac vice by attorney J. Michael Thomas for 67 Designs, LLC and Wild West Investments, LLC. 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. Judge Jack Zouhary on 4/25/2022. (Attachments: #1 ACTL Code of Conduct)(D,L)
April 25, 2022 Filing 15 Marginal Entry Order granting #9 Motion for appearance pro hac vice by attorney Robert T. Slovak for 67 Designs, LLC and Wild West Investments, LLC. 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. Judge Jack Zouhary on 4/25/2022. (Attachments: #1 ACTL Code of Conduct)(D,L)
April 22, 2022 Filing 14 Motion to dismiss for Lack of Personal Jurisdiction or, in the Alternative, Motion to Transfer Venue filed by 67 Designs, LLC, Wild West Investments, LLC. (Attachments: #1 Affidavit of Gavin Stener)(Kowalski, Gerald)
April 21, 2022 Opinion or Order Filing 13 ORDER. Record Telephone Conference held on 4/19/2022. Briefing on (1) Jurisdiction/Venue, (2) authority to issue TRO pending resolution of jurisdiction, and (3) Plaintiffs likelihood of success on merits of TRO. See, e.g., Mesa Indus., Inc. v. Charter Industrial Supply, Inc., 2022 WL 1044720 (S.D. Ohio 2022). Defendants' brief due by (10-page max): April 22, 2022; Plaintiff's brief due by (10-page max): April 26, 2022. Judge Jack Zouhary on 4/21/2022. (30 mins) (Court Reporter: Angela Nixon) (V,S)
April 19, 2022 Filing 12 Civil Case Management Procedures Order. Judge Jack Zouhary on 4/19/2022. (R,EM)
April 19, 2022 Filing 11 Status Report Pre-Conference filed by All Defendants. (McHugh, Jennifer)
April 19, 2022 Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a).After Defendant(s) have been served and counsel enter an appearance, this Court will promptly hold an Initial Phone Status Conference. No Motion to Dismiss may be filed in advance of this Conference. The responsive pleading deadline will be automatically tolled until that time. (R,EM)
April 18, 2022 Filing 10 Motion for attorney J. Michael Thomas to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11377415, filed by 67 Designs, LLC, Wild West Investments, LLC. (Attachments: #1 Exhibit A-Declaration)(McHugh, Jennifer)
April 18, 2022 Filing 9 Motion for attorney Robert T. Slovak to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11377356, filed by 67 Designs, LLC, Wild West Investments, LLC. (Attachments: #1 Exhibit A-Declaration)(McHugh, Jennifer)
April 18, 2022 Filing 8 Attorney Appearance for Defendants by Jennifer A. McHugh and Gerald R. Kowalski filed by on behalf of 67 Designs, LLC, Wild West Investments, LLC. (McHugh, Jennifer)
April 18, 2022 Filing 7 Notice of Service of Affidavit of Ryan Fry filed by F & V Corporation. Related document(s) #6 .(Borell, John)
April 18, 2022 Filing 6 Affidavit of Ryan Fry in Support of Motion for Temporary Restraining Order filed by F & V Corporation. Related document(s) #4 . (Attachments: #1 Exhibit 1 - 67 Design Comparison, #2 Exhibit 2 - 67 Design Website, #3 Exhibit 3 - Plaintiff Product Links, #4 Exhibit 4 - Plaintiff Product Images, #5 Exhibit 5 - Plaintiff Website, #6 Exhibit 6 - Plaintiff Website Representative Product)(Borell, John)
April 15, 2022 Filing 5 Original Summons and Magistrate Consent Form issued to counsel for service upon 67 Designs, LLC and Wild West Investments, LLC. (Attachments: #1 Magistrate Consent Form) (R,EM)
April 15, 2022 Filing 4 WITHDRAWN PER NON-DOCUMENT ORDER ENTERED ON 5/6/2022. Motion for temporary restraining order and Motion for Preliminary Injunction with memorandum in support filed by Plaintiff F & V Corporation. (Borell, John). Modified on 5/6/2022 (D,L).
April 15, 2022 Filing 3 Corporate Disclosure Statement filed by F & V Corporation. (Borell, John)
April 15, 2022 Filing 2 Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by F & V Corporation. (Borell, John)
April 15, 2022 Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11374233. Filed by F & V Corporation. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit-Trademark, #4 Exhibit-Defendant Drawing, #5 Exhibit-Amazon Notices, #6 Exhibit-Bulletpoint Mounting Ball) (Borell, John)
April 15, 2022 Judge Jack Zouhary assigned to case. (R,EM)
April 15, 2022 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Darrell A. Clay. (R,EM)
April 15, 2022 Opinion or Order ORDER [non-document] setting Telephone Conference re #4 Motion for temporary restraining order / preliminary injunction for Tuesday, 4/19/2022 at 2:00 PM (EST). Counsel to call the District Court conference line provided by email. Judge Jack Zouhary on 4/15/2022. (V,S)

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Plaintiff: F & V Corporation doing business as Bulletpoint Mounting Solutions
Represented By: David R. Cooper
Represented By: Franceska Edinger
Represented By: John A. Borell, Jr.
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Defendant: 67 Designs, LLC
Represented By: Jennifer A. McHugh
Represented By: Gerald R. Kowalski
Represented By: J. Michael Thomas
Represented By: James E. Sherry
Represented By: Robert T. Slovak
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Defendant: Wild West Investments, LLC
Represented By: Jennifer A. McHugh
Represented By: Gerald R. Kowalski
Represented By: J. Michael Thomas
Represented By: James E. Sherry
Represented By: Robert T. Slovak
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Defendant: Gavin Stener
Represented By: James E. Sherry
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Counter defendant: F & V Corporation
Represented By: David R. Cooper
Represented By: Franceska Edinger
Represented By: John A. Borell, Jr.
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