Sunless, Inc. v. Palm Beach Tan, Inc. et al
| Sunless, Inc. |
| Pacific Beach Tan, Inc., Ashley Lynn's Inc., Palm Beach Tan, Inc., American Tanning, Co., West Coast Tanning, Inc., North Central Tan, LLC and Old Trinity Partners, LLC |
| 5:2021cv00248 |
| January 29, 2021 |
| US District Court for the Northern District of Ohio |
| Solomon Oliver |
| Trademark |
| 15 U.S.C. § 1051 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 14 Return of Service by Clerk by certified mail executed upon Ashley Lynn's Inc. on 3/18/2021, (marked c-19) filed on behalf of Sunless, Inc. Related document(s) #10 . (T,Je) |
Order [non-document] granting Plaintiff's Motions for appearance pro hac vice by attorneys Marcella Ballard,Frank M. Gasparo for Sunless, 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 Docs #12 , #13 ). Judge Solomon Oliver, Jr. on 3/22/2021.(R,Sh)
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| Filing 13 Motion for attorney Marcella Ballard to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10726969, filed by Plaintiff Sunless, Inc.. (Attachments: #1 Affidavit, #2 Proposed Order)(Chappelear, Stephen) |
| Filing 12 Motion for attorney Frank M. Gasparo to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10726825, filed by Plaintiff Sunless, Inc.. (Attachments: #1 Affidavit, #2 Proposed Order)(Chappelear, Stephen) |
| Service by Clerk. Summons and Complaint addressed to American Tanning, Co. (receipt #9590 9402 3697 7335 9638 18), Ashley Lynn's Inc. (receipt #9590 9402 3697 7335 9637 95), North Central Tan, LLC (receipt #9590 9402 3697 7335 9637 88), Old Trinity Partners, LLC (receipt #9590 9402 3697 7335 9637 71), Pacific Beach Tan, Inc. (receipt #9590 9402 3697 7335 9637 64), Palm Beach Tan, Inc. (receipt #9590 9402 3697 7335 9638 01) placed in U.S. Mail. Type of service: certified mail. (M,TL) |
| Filing 11 Supplemental Certificate of Service, filed by Sunless, Inc. Related document(s) #9 . (Chappelear, Stephen) |
| Filing 10 Original Summons issued for service upon American Tanning, Co., Ashley Lynn's Inc., North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc., Palm Beach Tan, Inc. (M,TL) |
| Filing 9 Motion for preliminary injunction filed by Plaintiff Sunless, Inc. Related document(s) #8 . (Attachments: #1 Memorandum of Law in Support, #2 Proposed Order, #3 Declaration of Cooper, #4 Declaration of Cooperman)(Chappelear, Stephen) |
| Filing 8 Motion for preliminary injunction filed by Plaintiff Sunless, Inc. (Chappelear, Stephen) |
| Filing 7 Supplement to Complaint - Exhibit L to Complaint, filed by Sunless, Inc. Related document(s) #1 . (Chappelear, Stephen) |
| Filing 6 Praecipe for issuance of Original Summons filed by Sunless, Inc. (Attachments: #1 Summons for each Defendant)(Chappelear, Stephen) |
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Order [non-document] granting Plaintiff's Motion for appearance pro hac vice by attorney Eric A. Prager for Sunless, 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 #5 ). Approved by Judge Solomon Oliver, Jr. on 2/25/2021.(R,Sh)
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| Filing 5 Motion for attorney Eric A. Prager to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10671353, filed by Plaintiff Sunless, Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Chappelear, Stephen) |
| Filing 4 Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Sunless, Inc.. (Chappelear, Stephen) |
| Filing 3 Magistrate Consent Form issued. No summons provided, no summons issued. (O,K) |
| 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. (O,K) |
| Judge Solomon Oliver, Jr. assigned to case. (O,K) |
| Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: duplicate filing fee paid. Receipt #: AOHNDC-10610494, filed by Sunless, Inc.. Related document(s) #1 . (Chappelear, Stephen) |
| This action has been identified as a Patent Case that is subject to the Local Patent Rules. Link to #Local Patent Rules. (O,K) |
| Filing 2 Corporate Disclosure Statement identifying Corporate Parent Sunless Intermediate Holding Company, Corporate Parent Sunless Holding Company, Corporate Parent SHC Acquisition, LLC for Sunless, Inc. filed by Sunless, Inc.. (Chappelear, Stephen) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-10610530. Filed by Sunless, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - USPTO record for word mark Mystic Tan, U.S. Trademark Registration No. 2,863,411, #3 Exhibit B - USPTO record for word mark Mystic Tan, U.S. Trademark Registration No. 2,758,671, #4 Exhibit C - USPTO record for word mark Mystic Tan, U.S. Trademark Registration No. 2,781,608, #5 Exhibit D - USPTO record for word mark Mystic Tan, U.S. Trademark Registration No. 3,608,337, #6 Exhibit E - USPTO record for word mark Mystic Tan Kyss, U.S. Trademark Registration No. 5,367,589, #7 Exhibit F - USPTO record for design mark M Mystic, U.S. Trademark Registration No. 3,564,601, #8 Exhibit G - USPTO record for design mark M, U.S. Trademark Registration No. 3,554,083, #9 Exhibit H - USPTO record for design mark M, U.S. Trademark Registration No. 3,564,600, #10 Exhibit I - USPTO record for design mark M, U.S. Trademark Registration No. 3,768,816, #11 Exhibit J - Form agreement for MT Booths, #12 Exhibit K - 4S Program data sheet) (Chappelear, Stephen) |
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