F & V Corporation v. 67 Designs, LLC et al
| F & V Corporation doing business as Bulletpoint Mounting Solutions |
| 67 Designs, LLC, Wild West Investments, LLC and Gavin Stener |
| F & V Corporation |
| 3:2022cv00607 |
| April 15, 2022 |
| US District Court for the Northern District of Ohio |
| Jack Zouhary |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Both |
Docket Report
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| 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). |
| 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) |
| 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) |
| Filing 29 Opposition to #4 Motion for temporary and #21 Renewed Motion for temporary restraining order filed by F & V Corporation. (Borell, John) |
| 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) |
| 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). |
ORDER [non-document] granting #26 Unopposed Motion for Leave to File Corrected Exhibit. Judge Jack Zouhary on 6/2/2022. (V,S)
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| 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) |
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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)
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| Filing 24 Report on the Filing of an Action Regarding a Copyright (AO121) filed by All Defendants. (Sherry, James) |
| 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) |
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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)
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| 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.) |
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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)
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| 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). |
| 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) |
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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)
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| 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.) |
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| Filing 12 Civil Case Management Procedures Order. Judge Jack Zouhary on 4/19/2022. (R,EM) |
| Filing 11 Status Report Pre-Conference filed by All Defendants. (McHugh, Jennifer) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 7 Notice of Service of Affidavit of Ryan Fry filed by F & V Corporation. Related document(s) #6 .(Borell, John) |
| 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) |
| 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) |
| 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). |
| Filing 3 Corporate Disclosure Statement filed by F & V Corporation. (Borell, John) |
| Filing 2 Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by F & V Corporation. (Borell, John) |
| 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) |
| Judge Jack Zouhary assigned to case. (R,EM) |
| 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) |
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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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