COHEN v. HOT HOUSE BEAUTY LIMITED et al
| GERALD COHEN |
| HOT HOUSE BEAUTY LIMITED, ST. MORIZ LTD., BL111 INTERNATIONAL, LLC, ULTA BEAUTY, INC., FAIRE, JCPENNEY COMPANY, INC., 5W PUBLIC RELATIONS, LLC, HARPER'S BAZAAR, KAHUNA BAY SPRAY TAN, LC and AMAZON.COM, INC. |
| 2:2022cv01646 |
| November 21, 2022 |
| US District Court for the Western District of Pennsylvania |
| Maureen P Kelly |
| Trademark |
| 15 U.S.C. ยง 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 Stipulation for Extension of Time to Answer by AMAZON.COM, INC. Answer due from AMAZON.COM, INC. on 2/14/2023. (Cruzen, Robert) |
Filing 10
ORDER granting #9 Motion for Robert T. Cruzen, Esq. to Appear Pro Hac Vice. Signed by Magistrate Judge Maureen P. Kelly on 1/11/2023. (et)
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| Filing 9 MOTION for attorney Robert T. Cruzen to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7480536) by AMAZON.COM, INC.. (Attachments: #1 Affidavit of Robert T. Cruzen, #2 Exhibit A, #3 Proposed Order) (Cruzen, Rob) |
| Filing 8 CERTIFICATE OF SERVICE by GERALD COHEN re #1 Complaint, #2 Summons Issued (Ray, Patricia |
| Filing 7 PATENT/TRADEMARK DOCUMENTS ISSUED. (Attachments: #1 Docket Sheet, #2 Civil Cover Sheet, #3 Complaint, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12) (ctb) |
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Filing 6
ORDER REFERRING CASE BACK to Magistrate Judge Maureen Kelly. Judge Christy Criswell Wiegand is no longer presiding in this matter. Signed by Judge Christy Criswell Wiegand on 11/28/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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| Magistrate Judge Maureen P. Kelly is presiding. (jmm) |
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Filing 5
ORDER re #4 Motion for Temporary Restraining Order, Order for Accounting, and Order to Show Cause Why a Preliminary Injunction Should Not Issue. Under Fed. R. Civ. P. 65(b)(1), the Court may issue a temporary restraining order ("TRO") without written or oral notice to the adverse party only if (1) "specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition" and (2) "the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Counsel for Plaintiff fails to comply with either of these requirements. First, the affidavits submitted in support, ECF Nos. 4-3 & 4-4, are deficient. Fed. R. Civ. P. 11(a) requires that submissions "must be signed by at least one attorney of record in the attorney's nameor by a party personally if the party is unrepresented." The affidavits submitted in support do not comply with Fed. R. Civ. P. 11(a) because they are not signed by the appropriate parties. See ECF Nos. 4-3 & 4-4; see also Bryant v. Nolan, No. 09-2672 (JBS), 2009 WL 2843902, at *1 (D.N.J. Sept. 1, 2009) (denying a TRO on similar grounds). Second, Counsel for Plaintiff has failed to provide a certification describing either the efforts made to provide notice or reasons why notice should not be given, which is required under Fed. R. Civ. P. 65(b)(1). For the foregoing reasons, IT IS HEREBY ORDERED THAT the request for ex parte relief is DENIED. Given that Counsel for Plaintiff has not provided a certification as to why this matter should proceed ex parte, IT IS FURTHER ORDERED THAT the Court will review the #4 Motion as a request for a preliminary injunction and will move promptly on that request for relief once Defendants have notice and entered an appearance in this case. Signed by Judge Christy Criswell Wiegand on 11/25/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) Modified on 11/25/2022 (jmm).
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| Judge Christy Criswell Wiegand presiding and Magistrate Judge Maureen P. Kelly referred. (sms) |
| Filing 4 MOTION for Temporary Restraining Order by GERALD COHEN. (Attachments: #1 Proposed Order Proposed Order for Temporary Relief, Accounting, and Show cause, #2 Supplement Legal Memorandum in Support of TRO motion, #3 Declaration Plaintiff Declaration in Support of Motion for TRO, #4 Declaration Ray declaration in support of motion for TRO, #5 Exhibit Exhibit of continuing infringement by ULTA, St Moriz, and JCPenney, #6 Exhibit Exhibit of ULTA, JCPenney and Amazon ads for Tan in a Can, #7 Exhibit Exhibit of ULTA and St. Moriz ad for TAN in a Can, #8 Exhibit Exhibit of infringing ad by Kahuna Bay, #9 Exhibit Exhibit concerning St Moriz and 5W PR, #10 Exhibit Exhibit re JC Penney ad, #11 Exhibit Exhibit concerning St Moriz and Hor House) (Ray, Patricia) |
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Filing 3
As detailed in the accompanying Order, given that motions pursuant to Federal Rule of Civil Procedure 12(b) are discouraged if the pleading defect is curable by amendment, IT HEREBY IS ORDERED that the parties must meet and confer prior to the filing of any motion to dismiss to determine whether it can be avoided. The duty to meet and confer extends to parties appearing pro se. Consistent with the foregoing, motions to dismiss must be accompanied by a certificate of the movant, stating that the moving party has made a good faith effort to confer with the nonmovant(s) to determine whether the identified pleading deficiencies properly may be cured by amendment. Motions to dismiss that do not contain the required certification will be summarily denied. Signed by Magistrate Judge Maureen P. Kelly on 11/22/2022. (et)
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| Filing 2 Summons Issued as to 5W PUBLIC RELATIONS, LLC, AMAZON.COM, INC., BL111 INTERNATIONAL, LLC, FAIRE, HARPER'S BAZAAR, HOT HOUSE BEAUTY LIMITED, JCPENNEY COMPANY, INC., KAHUNA BAY SPRAY TAN, LC, ST. MORIZ LTD., ULTA BEAUTY, INC. (ctb) |
| Filing 1 COMPLAINT against 5W PUBLIC RELATIONS, LLC, AMAZON.COM, INC., BL111 INTERNATIONAL, LLC, FAIRE, HARPER'S BAZAAR, HOT HOUSE BEAUTY LIMITED, JCPENNEY COMPANY, INC., KAHUNA BAY SPRAY TAN, LC, ST. MORIZ LTD., ULTA BEAUTY, INC. (Filing fee, including Administrative fee, $402, receipt number APAWDC-7403379), filed by GERALD COHEN. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12) (ctb) |
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