FBB IP LLC v. Big Boy Restaurant Group, LLC
| FBB IP LLC |
| Big Boy Restaurant Group, LLC |
| 1:2025cv00095 |
| February 14, 2025 |
| U.S. District Court for the Southern District of Ohio |
| Matthew W McFarland |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on March 27, 2025. A more recent docket listing may be available from PACER.
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Filing 28
JOINT ORDER STAYING CASE PENDING ARBITRATION AND EXTENDING TRO PURSUANT TO AGREEMENT: This matter is before the Court on the joint agreement of the parties. Pursuant to Fed. R. Civ. P. 65(b)(2), the parties consent to extending the Temporary Restraining Order (Doc. #24 ) (extended until April 4, 2025 pursuant to Order in Doc. #27 ) to September 30, 2025 so that the related arbitration may proceed. Pursuant to 9 U.S.C. 3, this matter is stayed pending arbitration. The parties shall notify the Court upon the conclusion of the arbitration. All case deadlines are hereby stayed. Notwithstanding the foregoing, either party may move the Court to lift the stay to address any motion for contempt for violation of the Temporary Restraining Order. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 03/27/2025. (kaf)
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NOTATION ORDER: In light of the Parties' Joint Stipulation Extending the Temporary Restraining Order (Doc. #28 ), the Court hereby VACATES the briefing schedule and hearing as to Plaintiff's Amended Motion for Preliminary Injunction (Doc. #9 ). IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 03/27/2025. (kaf)
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NOTATION ORDER: The Court sets the following briefing schedule as to Plaintiff's Amended Motion for Preliminary Injunction (Doc. #9 ): Defendant's Response due March 27, 2025, at 5:00 PM EST and Plaintiff's Reply due March 29, 2025, at 5:00 PM EST. The Court further sets an in-person hearing on Plaintiff's Amended Motion for Preliminary Injunction on April 1, 2025, at 10:00 AM EST in Courtroom 4 - Cincinnati before Judge Matthew W. McFarland. Counsel of record, as well as a principal representative of each party in this matter, shall be present at the hearing. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 03/26/2025. (kaf)
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Minute Entry for proceedings held before Judge Matthew W. McFarland: Status Conference held on 03/24/2025. Present by phone were Attorneys Charles Hoover and Zachary C. Schaengold on behalf of Plaintiff and Attorneys Terry Posey and Adam Akeel on behalf of Defendant. Matters discussed. (kaf)
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Filing 27
ORDER EXTENDING TEMPORARY RESTRAINING ORDER (Doc. #24 ): This matter is before the Court sua sponte. On March 7, 2025, the Court entered a Temporary Restraining Order set to expire on March 21, 2025. (See Temporary Restraining Order, Doc. #24 .) In light of the parties' stipulation extending the time for Defendant to move or plead (Doc. #26 ), Plaintiff's pending Motion for Preliminary Injunction (Doc. #5 ), and the reasoning included in the Temporary Restraining Order, the Court finds good cause to extend the Temporary Restraining Order. See Fed. R. Civ. P. 65(b)(2). Therefore, the Court hereby EXTENDS the Temporary Restraining Order (Doc. #24 ) to April 4, 2025, at 1:15 PM, subject to further orders of this Court. Additionally, the Court SETS a telephonic status conference on March 24, 2025, at 12:15 PM. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 03/21/2025. (kaf)
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Reset Deadlines: Big Boy Restaurant Group, LLC answer due 4/4/2025 re #26 . (bjc)
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Filing 26
STIPULATION of Parties Providing Defendant Big Boy Restaurant Group, LLC an Extension of Time to Move or Plead by Defendant Big Boy Restaurant Group, LLC. (Posey, Terry)
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Filing 25
Document #25 was inadvertently filed and has been restricted. The party has been notified to re-file the correct document. STIPULATION of Parties Providing Defendant Big Boy Restaurant Group, LLC an Extension of Time to Move or Plead by Defendant Big Boy Restaurant Group, LLC. (Posey, Terry) Modified docket text and security on 3/14/2025 (jmt).
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Filing 24
ORDER AND OPINION: The Court GRANTS Plaintiff's Amended Motion for Temporary Restraining Order (Doc. #9 ) and ORDERS the following: 1. Defendant, its respective agents, employees, and those acting in active concert with Defendant shall be ENJOINED from: a. Using any of Plaintiff's Big Boy Marks or any trademark, service mark, trade name, or logo that is confusingly similar to Plaintiff's Big Boy Marks, within Plaintiff's Territory. Plaintiff's Big Boy Marks include the following Registration Numbers: 5,373,176 5,984,556 5,373,175 5,421,398 6,615,727 6,010,714 5,373,179 6,348,451 3,690,889 4,026,143 b. Causing a likelihood of confusion or misunderstanding as to its affiliation, connection, or association with Plaintiff, its franchisees or licensees, or with any of the products and services offered by them within Plaintiff's Territory; c. Unfairly competing with Plaintiff or its franchisees or licensees within Plaintiff's Territory; and d. Otherwise infringing Plaintiff's Big Boy Marks or using any similar designation, alone or in combination with any other components, within Plaintiff's Territory. 2. Subject to further orders by this Court, this Order shall expire on the 14th day following its entry on the docket. The Court will address Plaintiff's Motion for Preliminary Injunction (Doc. #9 ) in due course. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 03/07/2025. (kaf)
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Filing 23
NOTICE by Plaintiff FBB IP LLC re #21 Reply to Response to Motion, Text Searchable Version (Attachments: #1 Supplemental Declaration of Aziz Hashim, #2 Supplemental Declaration of Aaron-Michael Sapp) (Sapp, Aaron-Michael)
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Filing 22
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #21 Reply to Response to Motion, filed by FBB IP LLC, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #21 Reply to Response to Motion, filed by FBB IP LLC as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 3/6/2025. (kev)
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Filing 21
REPLY to Response to Motion re #9 Amended MOTION for Temporary Restraining Order Amended MOTION for Preliminary Injunction filed by Plaintiff FBB IP LLC. (Attachments: #1 Supplemental Declaration of Aziz Hashim, #2 Supplemental Declaration of Aaron-Michael Sapp) (Sapp, Aaron-Michael)
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Filing 20
RESPONSE in Opposition re #9 Amended MOTION for Temporary Restraining Order Amended MOTION for Preliminary Injunction filed by Defendant Big Boy Restaurant Group, LLC. (Attachments: #1 Exhibit Declaration of Jessica E. Salisbury-Copper with Exhibits, #2 Exhibit Declaration of Frank Alessandri with Exhibits, #3 Exhibit Declaration of Tamer Afr) (Posey, Terry)
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NOTATION ORDER granting #17 Motion for Leave to Appear Pro Hac Vice of Shereef H. Akeel, #18 Motion for Leave to Appear Pro Hac Vice of Samuel Simkins, and #19 Motion for Leave to Appear Pro Hac Vice of Adam Shereef Abu-Akeel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Stephanie K. Bowman on 2/27/2025. (kev)
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Filing 19
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-10394068) of Adam Shereef Abu-Akeel by Defendant Big Boy Restaurant Group, LLC. (Posey, Terry)
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Filing 18
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-10394061) of Samuel Simkins by Defendant Big Boy Restaurant Group, LLC. (Posey, Terry)
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Filing 17
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-10394015) of Shereef H. Akeel by Defendant Big Boy Restaurant Group, LLC. (Posey, Terry)
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Filing 16
SUMMONS Returned Executed as to Defendant Big Boy Restaurant Group, LLC. Big Boy Restaurant Group, LLC served on 2/21/2025, answer due 3/14/2025. (Sapp, Aaron-Michael)
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Filing 15
NOTICE of Appearance by Zachary C Schaengold for Plaintiff FBB IP LLC (Schaengold, Zachary)
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Minute Entry for proceedings held before Judge Matthew W. McFarland: Telephone Conference held on 02/25/2025. Present by phone were Attorneys Aaron-Michael Sapp, Charles Hoover, and Zachary Schaengold on behalf of Plaintiff and Attorneys Terry Posey, Samuel Simkins, and Adam Akeel on behalf of Defendant. The Court discussed this matter with counsel and set the following briefing schedule: Defendant's response to Plaintiff's Amended Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #9 ) shall be filed by 12:00a.m. on March 2, 2025;Plaintiff's reply to Defendant's response shall be filed by 5:00p.m. on March 4, 2025. (Court Reporter: Julie Wolfer) (kaf)
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Filing 14
NOTICE of Appearance by Terry W. Posey, Jr for Defendant Big Boy Restaurant Group, LLC (Posey, Terry)
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Filing 13
Supplemental Memorandum Supporting re #9 Amended MOTION for Temporary Restraining Order Amended MOTION for Preliminary Injunction filed by Plaintiff FBB IP LLC. (Attachments: #1 Declaration of Aaron-Michael Sapp and Exhibits) (Sapp, Aaron-Michael)
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NOTATION ORDER: This matter is before the Court on Plaintiff's Motion to File Excess Pages (Doc. #8 ). For good cause, the Court GRANTS Plaintiff's request for leave to exceed the page limit by six pages as to its Amended Motion for Temporary Restraining Order and Preliminary Injunction. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 02/21/2025. (kaf)
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NOTATION ORDER granting #11 Motion for Leave to Appear Pro Hac Vice of Charles J. Hoover; granting #12 Motion for Leave to Appear Pro Hac Vice of Aaron-Michael Sapp as Co-Counsels. Co-Counsels are directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Stephanie K. Bowman on 02/19/2025. (bjc)
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Filing 12
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-10381053) of Aaron-Michael Sapp by Plaintiff FBB IP LLC. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order) (Galasso, Michael)
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Filing 11
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-10381021) of Charles J. Hoover by Plaintiff FBB IP LLC. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order) (Galasso, Michael)
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Filing 10
Summons Issued as to Big Boy Restaurant Group, LLC. (bjc)
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Filing 9
Amended MOTION for Temporary Restraining Order , Amended MOTION for Preliminary Injunction ( Responses due by 3/11/2025) by Plaintiff FBB IP LLC. (Attachments: #1 Memorandum in Support, #2 Affidavit Declaration of Breanne C. Allen, #3 Affidavit Declaration of Aziz Hashim, #4 Affidavit Declaration of Kelly Cory) (Galasso, Michael)
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Filing 8
MOTION for Leave to File Excess Pages by Plaintiff FBB IP LLC. (Galasso, Michael)
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Filing 7
ORDER REASSIGNING CASE. Case reassigned to Judge Matthew W. McFarland for all further proceedings. Judge Michael R. Barrett no longer assigned to case. Signed by Judge Michael R. Barrett on 2/18/2025. (kkz)
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Filing 6
NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiff FBB IP LLC re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Galasso, Michael)
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Filing 5
MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction ( Responses due by 3/11/2025) by Plaintiff FBB IP LLC. (Attachments: #1 Affidavit Declaration of Breanne C. Allen, #2 Affidavit Declaration of Aziz Hashim, #3 Affidavit Declaration of Kelly Cory) (Galasso, Michael)
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If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (eh)
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Filing 3
Corporate Disclosure Statement by Plaintiff FBB IP LLC. (Galasso, Michael)
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Filing 2
REQUEST for Issuance of Summons. (Galasso, Michael)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 405 paid - receipt number: AOHSDC-10378844), filed by FBB IP LLC. (Attachments: #1 Civil Cover Sheet) (Galasso, Michael)
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